Rakesh @ Monu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10070 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Rakesh @ Monu Choudhary S/o Sri Paras Coudhary, R/o Village- Koath, P.S.- Dawath, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dawath P.S. Case No. 79 of 2017 registered under Sections 30(a)/34/35/38 of the Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioner submits that only on the confessional statement of coaccused, petitioner has falsely been made accused in this case. On perusal of seizure list, it appears that the alleged recovery has been made from the magic vehicle, which does not belong to the petitioner. Nothing has been recovered from the possession of petitioner.

Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.10070 of 2018 (2) dt.20-02-2018 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IIcum-Special Judge, Excise, Rohtas at Sasaram in connection with Dawath P.S. Case No. 79 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T