Patna High CourtCR. MISC./34202/2020bail granted

Kaushal Rai @ Kaushal Kumar Rai @ Kaushal Kumar v. The State Of Bihar

2021-01-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34202 of 2020 Arising Out of PS. Case No.-497 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== KAUSHAL RAI @ KAUSHAL KUMAR RAI @ KAUSHAL KUMAR, Son of Shri Ramesh Rai @ Ramesh Roy, Resident of Mohalla - Tiwary Tola, Ward No. 31, P.S. and District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-01-2021 Let the defects be removed within four weeks. 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), 58(1), 41(1) of the Bihar Prohibition and Excise Act, 2016, Sections 419 and 420/34 of the Indian Penal Code.

Recovery of liquor is alleged from a four wheeler. Petitioner was not there at the time of recovery. However, identity of the petitioner was established on the basis of CCTV footage. Petitioner is in custody since 08.07.2020. Investigation of the case is already complete against the petitioner. Though the petitioner has got criminal antecedent of other nature, however, in this case there is no substantial material against the

Patna High Court CR. MISC. No.34202 of 2020(2) dt.04-01-2021 2/2 petitioner.

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 Special (Excise) Case No. 240 of 2020 arising out of Saharsa Sadar Police Station Case No. 497 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 the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T