Patna High CourtCR. MISC./34296/2020bail granted

Bachchan Yadav @ Bachhan Yadav v. The State Of Bihar

2021-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34296 of 2020 Arising Out of PS. Case No.-320 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Bachchan Yadav @ Bachhan Yadav S/o Baban Yadav Resident of VillageGajipur Bairiyar, P.S.- Tareya Sujan, District- Kushinagar (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2021 Let the defects be removed within four weeks. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The offence alleged is recovery of liquor. The petitioner is in custody since 19.08.2020. Investigation of the case is already complete. The petitioner has stated on oath that he has got no criminal antecedent.

Submission is that recovery of liquor is not from the vehicle or conscious possession of the petitioner. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.34296 of 2020(2) dt.19-01-2021 2/2 Rs.20,000/- (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 Kuchaikote P.S. Case No.320 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.

(Birendra Kumar, J) Mkr./- U T