Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32879 of 2018 Arising Out of PS. Case No.-179 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Prince Kumar , son of Prem Kumar Choudhary, resident of Mohalla- Hajipur Ward No. 19, P.S. and District Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Mrityunjay Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Khagaria P.S. Case No. 179 of 2018, registered for the offence under Sections 272/ 273 of the Indian Penal Code, 1860 and Section 30(A) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner by way of referring to the statement made in paragraph no. 3 of the petition submits that petitioner is having clean antecedent. It has also been argued that petitioner is a student and has falsely been made accused along with his father on an allegation of recovery of huge quantity of Indian make foreign liquor

Patna High Court Cr.Misc. No.32879 of 2018(2) dt.13-06-2018 2/2 from back side of the house of the petitioner. Learned counsel for the petitioner has specifically referred to the F.I.R. to show that though on secret information a search was conducted in house of the petitioner nothing was recovered from his premises, rather from outside premises recovery was shown. Considering the fact that nothing was recovered from conscious possession of the petitioner nor from his house as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Prince Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III cum Special Judge, Khagaria / concerned court in connection with Khagaria P.S. Case No. 179 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T