Patna High CourtCR. MISC./12141/2020allowed

Budhan Mukhiya v. The State Of Bihar

2020-02-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12141 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== BUDHAN MUKHIYA Son of Aso Mukhiya Resident of Village- Eakama, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Arun Kumar ====================================================== 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 Sections 272/273/414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

99 litres of liquor was recovered from a motorcycle and the petitioner was apprehended at the spot. Petitioner has stated on oath that he has got no criminal antecedent. There is no material to substantiate that the petitioner is going to tamper with the evidence or hamper the trial. Considering the entire facts, let the petitioner, above named, be released on bail after framing of charge so that trial may not hamper, on furnishing bail bond of Rs.20000/- (Twenty

Patna High Court CR. MISC. No.12141 of 2020(2) dt.29-02-2020 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 Jaynagar P.S. Case No. 43 of 2020, G.R. No. 192 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. The trial Court is directed to expedite framing of the charge.

(Birendra Kumar, J) mantreshwar/- U T