Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71999 of 2019 Arising Out of PS. Case No.-347 Year-2019 Thana- SHRIKRISHNAPURI District- Patna ====================================================== PRASHANT KUMAR Son of Umesh Kumar Resident of - Jatpura, P.S.- Nagar Utari, Distt - Garhwa (Jharkhand) at present r/o Uma Shankar Bhawan, Postal Park, P.S.- Kankarbagh, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Spl. Case No.8607/19 arising out of Sri Krishnapuri P.S. Case No.347 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing has been recovered from the possession of the petitioner.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.71999 of 2019(2) dt.04-12-2019 2/3 wherein the petitioner seems to have been arrested with two bottles of 750 ml each illicit liquor from his possession and he is in custody since 25.09.2019, let the petitioner above named be released on bail in connection with this case on completion of investigation or on 25th December, 2019 whichever is earlier on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Sri Krishnapuri P.S. Case No.347 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

Before release of the petitioner, the court below shall verify the statement of learned counsel for the petitioner that he

Patna High Court CR. MISC. No.71999 of 2019(2) dt.04-12-2019 3/3 is on bail in connection with Ram Krishna Nagar P.S. Case No.368 of 2018 and only on being satisfied the release order shall be issued.

(Rajeev Ranjan Prasad, J) arvind/- U T