Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30751 of 2020 Arising Out of PS. Case No.-187 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== RAHUL KUMAR Son of Jawahir Ram @ Jawahar Ram Resident of VillageChnadpura, Dariyapur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-11-2020 This matter has been taken up in virtual Court. Let the defects be removed within two weeks of the start of the physical Court.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 37(b)(c) of Bihar Prohibition and Excise Act and Sections 25(1-b)a/26 of the Arms Act. Petitioner was allegedly apprehended in intoxicated condition along with fire arm. Petitioner is in custody since 11.04.2020. Investigation of the case is already complete. Petitioner has got no criminal antecedent.

Submission is that there is non-compliance of mandate of Section 100 Cr.P.C. in the matter of search and seizure nor there is any method to test that the petitioner had having consumed liquor.

Patna High Court CR. MISC. No.30751 of 2020(2) dt.25-11-2020 2/2 Considering the submission aforesaid and completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (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 Naubatpur P.S. Case No. 187 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.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T