Prabhu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21115 of 2020 Arising Out of PS. Case No.-516 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== Prabhu Choudhary Son of Late Bihari Chaudhary Resident of Village - Nimej, P.S.- Brahampur, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2020 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery of liquor is alleged from near the referred cremation ground.

Submission is that though the petitioner is accused in identical cases. However, in none of the cases recovery of liquor was from the possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.21115 of 2020(2) dt.29-06-2020 2/2 is victim of police atrocity. Investigation of the case is already complete.

Considering the aforesaid facts, 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 Brahampur P.S. Case No.516 of 2019, 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