Patna High CourtCR. MISC./10623/2020bail granted

Ganesh Kumar v. The State Of Bihar

2020-05-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10623 of 2020 Arising Out of PS. Case No.-760 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== GANESH KUMAR S/o Upendra Ray @ Upender Ray Resident of VillageLarkwa Ward no.10 @ Larakwa, P.S.-Kanhauli, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-05-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in connection with Case No. C2/760/19 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation against the petitioner is that he was caught by the officials of SSB, while he was carrying 260 litres of Nepali wine. Petitioner does not have any criminal antecedent and is languishing in jail custody since 21.12.2019. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.10623 of 2020(3) dt.13-05-2020 2/2 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Sitamarhi/concerned court in connection with Case No. C2/760/19.

However, it is made clear that if the petitioner fails to make available sureties due to lock down as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lock down is over. (Hemant Kumar Srivastava, J) Spd/- U T