Patna High CourtCR. MISC./13715/2020allowed

Gurupendra Singh v. The State Of Bihar

2020-02-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13715 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

GURUPENDRA SINGH Son of Harjeet Singh Resident of Village - Dhwa, P.S.- Pichhama, District - Gowaliyer (M.P.) 2.

Arun Paswan Son of Lakhan Paswan Resident of Village - Sadikpur (Sakipur), P.S.- Telhara, District - Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Babita Kumari, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== 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 offences punishable under Sections 30(a)/32(2)/41(1) of the Bihar Prohibition and Excise Act, 2018.

Petitioners are driver and cleaner of the vehicle from which huge quantity of liquor was recovered. The petitioners have stated on oath that they have got no criminal antecedent. Considering the nature of allegation and punishment prescribed under the law for the offence alleged, in my view, the petitioners should be released only after framing of the charge, so that the trial may not hamper. Hence, let the petitioners,

Patna High Court CR. MISC. No.13715 of 2020(2) dt.29-02-2020 2/2 above named, be released on bail after framing of the charge on furnishing bail bond of Rs.20,000/- (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 Makhdumpur P.S. Case No.8 of 2020, Excise Case No.26 of 2020, 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 so that the trial may not hamper.

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