Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30767 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- ITARHI District- Buxar ====================================================== Munna Choudhary S/O Nathuni Choudhary Resident Of Village - Harpur, P.S. - Itarhi, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-10-2021 Let the defects, if any, be removed within four weeks of the start of the normal functioning of the Court. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Later on offences under Sections 30(d)/30(e) 30(a) of the Bihar Prohibition and Excise Act and under Sections 420/467/468/474 of the Indian Penal Code were added. Submission is that the petitioner was not there at the time of recovery of liquor. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 10.02.2021. Investigation of the case is already complete.

Patna High Court CR. MISC. No.30767 of 2021(2) dt.25-10-2021 2/2 Considering the submission aforesaid especially lack of direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty 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 Itarhi P.S. Case No.6 of 2021 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 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 trial Court.

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