Shyamu Chaudhary @ Shyamu Babu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73755 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== SHYAMU CHAUDHARY @ SHYAMU BABU CHAUDHARY, aged about 32 years, Male, Son of Rudal Chaudhary @ Gudar Chaudhary Resident of Village-Mirchai Patti, P.S.-Sitamarhi, District-Sitamarhi. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Riga P.S. Case No. 229/2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that nothing incriminating has been found from his house, his name has transpired in the confessional statement of the coaccused. Learned counsel submits that the seized motorcycle does not belongs to the petitioner and also that he has no criminal antecedent.

Patna High Court CR. MISC. No.73755 of 2019(2) dt.25-11-2019 2/3 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein it is the submission of the petitioner that nothing incriminating has been found from his house, his name has transpired in the confessional statement of the coaccused, save and except that there is no prima-facie material to connect him in the present case, let the abovenamed petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. - II - cum - Special Judge, Excise Act, Sitamarhi, in connection with Riga P.S. Case No. 229 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.73755 of 2019(2) dt.25-11-2019 3/3 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;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T