Baiju Kumar @ Baiju Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37611 of 2021 Arising Out of PS. Case No.-577 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.

BAIJU KUMAR @ BAIJU MEHTA Son of Damodar Mehta 2.

Bamshankar Kumar @ Bam Bam Mehta @ Bambam Mehta Son of Damodar Mehta Both Resident of Village - Amha, P.S.- Supaul, Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2016. Petitioners were not there at the time of recovery of liquor. Name of the petitioners surfaced in the confessional statement of co-accused. Petitioners have got no criminal antecedent.

In my view, there is no sufficient material to compel the petitioners to go to jail, hence, let the petitioners, above

Patna High Court CR. MISC. No.37611 of 2021(2) dt.07-12-2021 2/2 named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.577 of 2020 arising out of Excise Case No.122/2020-21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T