Patna High CourtCR. MISC./14902/2020allowed

Ramesh Kumar v. The State Of Bihar

2020-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14902 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

RAMESH KUMAR S/o Ram Bharosh Rai R/o village- Bhitta Dharampur @ Bihta Dharampur, P.S.- Pupari, District- Sitamarhi 2.

Ram Pramod Kumar @ Ram Pramod Rai @ Pramod Kumar S/o Sumendra Ray @ Sumindra Ray R/o village- Bhitta Dharampur @ Bihta Dharampur, P.S.- Pupari, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Bhupendra Narayan Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2020 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 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

75 litres of Nepali liquor was recovered from the possession of the petitioners. Petitioners have stated on oath that they have got no criminal antecedent. Petitioners are in custody since10.01.2020.

Considering the nature of allegation, in my view, petitioners should be released only after framing of the charges

Patna High Court CR. MISC. No.14902 of 2020(2) dt.03-03-2020 2/2 so that trial may not hamper. Hence, let the petitioners, above named, be released on bail after framing of charges, 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 Madhwapur P.S. Case No. 05 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 charges.

(Birendra Kumar, J) mantreshwar/- U T