Manoj Choudhary @ Jagarnath Choudhary @ Janardhan Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77644 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- THAKURGANJ District- Kishanganj ====================================================== Manoj Choudhary @ Jagarnath Choudhary @ Janardhan Choudhary S/O Durganand Choudhary R/O Village - Ward No. 8, Purana Guddri, Mallahpatti, Thakurganj, PS - Thakurganj, District - Kishanganj. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Sinha For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Special Case No. 313/2019 arising out of Thakurganj P.S. Case No. 108/2019 registered under Sections 30(a) of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner has no concern with the alleged co-accused or the seized vehicle or articles and no illicit liquor has been recovered from the place of the petitioner. The vehicle in question does not belong to this petitioner and he has no criminal antecedent.
Learned A.P.P. for the State has opposed the
Patna High Court CR. MISC. No.77644 of 2019(2) dt.28-11-2019 2/3 prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein no illicit liquor has been recovered from the place of the petitioner and it is submitted that the motorcycle in question does not belong to this petitioner as also that he has no criminal antecedent, let the petitioner above-named, 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 Special Judge (Excise), Kishanganj, in connection with Special Case No. 313/2019 arising out of Thakurganj P.S. Case No. 108/2019, 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 person acquainted with the facts of the case so as to
Patna High Court CR. MISC. No.77644 of 2019(2) dt.28-11-2019 3/3 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