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Patna High CourtCR. MISC./33900/2021bail granted

Shashi Kushwaha v. The State Of Bihar

2021-10-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33900 of 2021 Arising Out of PS. Case No.-125 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== SHASHI KUSHWAHA, S/O SUDAMA KUSHWAHA @ SUDAMA KOERI, R/o village - Majhariya, P.S. - Buxar (Industrial), District - Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-10-2021 This matter is being heard out of turn as father of the petitioner has died recently and his Shradh is to be performed. Heard the parties.

Let the defect(s), if any, be removed within four weeks.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Petitioner is in custody since 24.09.2020. Recovery of liquor is alleged from near the boundary wall of some other person. Allegation is that the same was of the petitioner. Petitioner has got two criminal antecedent one under the Old Act.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.33900 of 2021(2) dt.05-10-2021 2/2 Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Buxar (Industrial) Police Station Case No. 125 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) If the learned court below would come to the notice that the petitioner is involved in the nature of same cases that would be a ground for cancellation of bail in this case also. (Birendra Kumar, J) Kundan/- U T