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Patna High CourtCR. MISC./1514/2020bail granted

Sumit Kumar v. The State Of Bihar

2020-01-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1514 of 2020 Arising Out of PS. Case No.-475 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== SUMIT KUMAR Son of Uday Chaudhary Resident of Village - Singhpur, P.S.- Haweli Kharagpur, Dist.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Petitioner is driver of the four-wheeler from which more than 19 liters of liquor was recovered. The petitioner has stated on oath that he has got no criminal antecedent. Considering the nature of allegation and punishment prescribed for the offence alleged, in my view, the petitioner should be released only after framing of the charge. Hence, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs.20,000/- (Twenty

Patna High Court CR. MISC. No.1514 of 2020(2) dt.14-01-2020 2/2 Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Case No.475C2 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

The trial Court is directed to expedite framing of the charge.

(Birendra Kumar, J) Mkr./- U T