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Patna High CourtCR. MISC./12129/2020allowed

Umesh Pal v. The State Of Bihar

2020-02-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12129 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

UMESH PAL Son of Cheda Lal @ Prem Shankar Resident of Village - Khajuri, Kheda, P.S. Baheri, District - Bareilly (U.P.). 2.

Gyani Ram Son of Late Bham Ram Resident of Village - Hanuman Gate, P.S. Bhiwani, Distt. Bhiwani (Hariyana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offence punishable under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act.

Petitioners are driver and cleaner of the vehicle from which huge quantity of liquor was recovered. Petitioners have stated on oath that they have got no criminal antecedent. There is no material to substantiate that the petitioners are going to tamper with the evidence or hamper the trial. Considering the facts aforesaid, let the petitioners, above named, be released on bail after framing of charges so

Patna High Court CR. MISC. No.12129 of 2020(2) dt.29-02-2020 2/2 that trial may not hamper, on furnishing bail bond of Rs.20000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Chapra Town P.S. Case No. 17 of 2010 with following conditions:

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

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. The trial Court is directed to expedite framing of the charge.

(Birendra Kumar, J) mantreshwar/- U T