Patna High CourtCR. MISC./22077/2020bail granted

Nilesh Kumar v. The State Of Bihar

2020-08-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22077 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== NILESH KUMAR Son of Ramashish Singh Resident of Village- Chowmar (Dhowar), P.S.- Tankuppa, District- Gaya (Bihar). ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-08-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical 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 30(a)/41 of the Bihar Prohibition and Excise Act.

Petitioner is conductor of the public bus from which liquor was allegedly recovered.

Petitioner is in custody since 05.03.2020. Investigation of the case is already complete. The petitioner has stated on oath that he has got no criminal antecedent.

Patna High Court CR. MISC. No.22077 of 2020(2) dt.13-08-2020 2/2 Submission is that since the bus was a public bus the petitioner had no knowledge as to what the passenger had put in the bus as luggage. Moreover, the driver and cleaner of the bus standing on similar footing have already been allowed bail by a coordinate Bench of this Court.

Considering the entire facts aforesaid and no material to substantiate that the petitioner is going to tamper with the evidence or not cooperate with the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Rajauli P.S. Case No.74 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 trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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