Dhiraj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15088 of 2020 Arising Out of PS. Case No.-96 Year-2019 Thana- NAYAGAON District- Saran ====================================================== DHIRAJ KUMAR SAH Son of Shankar Sah Resident of Village - Mahmudchak, P.S. - Nayagaon, District - Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-06-2020 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 28.01.2020 in Criminal Miscellaneous No. 3130 of 2020 with liberty to renew his prayer for bail after framing of charge. Petitioner seeks bail in Nayagaon P.S. Case No. 96 of 2019 registered for the offence punishable under sections 147, 148, 341, 323, 333, 353, 504, 506/201 of the IPC and Sections 30, 38, 41 and 45 of the Bihar Prohibition and Excise Act. Allegation against the petitioner is of recovery of 60 litres of country made liquor from the house of petitioner. It has been submitted on behalf of petitioner that charge has been framed against the petitioner on 15.02.2020 and petitioner is in custody since 14.12.2019.

Patna High Court CR. MISC. No.15088 of 2020(2) dt.03-06-2020 2/2 Considering the aforesaid facts and circumstances of the case and considering the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Nayagaon P.S. Case No. 96 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U