Gopal Prasad @ Moghul @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13676 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== GOPAL PRASAD @ MOGHUL @ GOPAL KUMAR Son of Late Madan Prasad Resident of Ranighat, P.S.- Sultanganj and District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

420 liters of liquor was recovered when the petitioner had left the same seeing the police party. The petitioner has two identical criminal antecedents.

Considering the nature of allegation and punishment prescribed under the 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 Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.13676 of 2020(2) dt.29-02-2020 2/2 the satisfaction of the learned Court-below where the case is pending in connection with Special Case No.764 of 2020, arising out of Sultanganj P.S. Case No.30 of 2020, 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 investigation/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 Court.

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

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