Patna High CourtCR. MISC./42639/2019allowed

Prakash Kumar v. The State Of Bihar

2019-08-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42639 of 2019 In CRIMINAL MISCELLANEOUS No.32737 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- ROSERA District- Samastipur ====================================================== PRAKASH KUMAR, Son of Mahesh Sahni, Resident of Village - Rosera, Ward No. 10, Katharbanni, P.S. - Rosera, District - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prahalad Kumar Bhagat, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-08-2019 Heard learned counsel for the parties.

This is an application for modification of the order dated 17.05.2019 passed in Cr. Misc. No. 32737 of 2019. By order dated 17.05.2019, this Court had granted bail to the petitioner in connection with Rosera P.S. Case No. 60 of 2019, a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with direction that the petitioner would be released on bail after completion of six months of custody. Petitioner is in custody since 26.03.2019.

Submission is that the petitioner has to appear in the Secondary School Examination which is under process of filling up the examination form. Hence, the petitioner be ordered to be released, at once, considering the future prospect of the petitioner.

Patna High Court CR. MISC. No.42639 of 2019(2) dt.14-08-2019 2/2 Let the petitioner, above named, be released at once on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rosera Police Station Case No. 60 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T