Patna High CourtCR. MISC./21106/2020bail granted

Abhishek Rathour v. The State Of Bihar

2020-06-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21106 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Abhishek Rathour Son of Jitendra Kumar Singh @ Jitendra Singh Resident of Village - Gulani Kusaha, P.S.- Sambhuganj, District - Banka. At present Quarter no. F-5, Irrigation Colony, Jawaripur, P.S.- Tilkamanjhi, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jain, 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.

Submission is that though allegation is of recovery of liquor. However, recovery was not made from the physical possession of the petitioner or from the house of the petitioner. The

Patna High Court CR. MISC. No.21106 of 2020(2) dt.29-06-2020 2/2 petitioner has stated on oath that he has got no criminal antecedent under the Excise Act. The petitioner is in custody since 17.03.2020. Investigation of the case is already complete. Considering the facts aforesaid, 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 Kotwali (Tilkamanjhi) P.S. Case No.29 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