Prakash Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35436 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- SUPAUL District- Supaul ====================================================== PRAKASH KUMAR CHAUDHARY Son of Ganga Chaudhary Resident of Village - Parsarma, ward no. 04, P.S.- and Distt - Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Supaul P.S. Case No.137 of 2019, corresponding to S.T. Excise No. 145 of 2019, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 54 litres of liquor from the tempo and petitioner is said to be the owner of the tempo. Submission of learned counsel for the petitioner is that he was not present there, rather the tempo was under the control of the driver and he has falsely been implicated having no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner on the ground of maintainability of this application.

Patna High Court CR. MISC. No.35436 of 2019(3) dt.17-08-2019 2/2 In view of above facts and circumstances, let petitioner surrender by 26.8.2019 and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day on the basis of submission made above. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T