Patna High CourtCR. MISC./30770/2020bail granted

Dalbut Yadav @ Balister Yadav v. The State Of Bihar

2020-11-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30770 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== DALBUT YADAV @ BALISTER YADAV, S/o Lutawan Chaudhary, R/o Vill. - Ishuwapur, P.S. - Kuchaikote, Distt. - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Kumar No. II, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The FIR relates to recovery of foreign liquor. Petitioner is in custody since 15.06.2020. Investigation of the case is already complete against the petitioner. Submission is that there is non-compliance of the mandate of Section 100 Cr.P.C. in the matter of search and seizure.

Patna High Court CR. MISC. No.30770 of 2020(2) dt.26-11-2020 2/2 Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of 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 Kuchaikote Police Station Case No. 36 of 2020, 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.

(Birendra Kumar, J) Kundan/- U T