Bishnu Kant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38287 of 2020 Arising Out of PS. Case No.-368 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Bishnu Kant Sharma, S/o. Bipin Bihari Sharma, R/o. Village-Mulahimpur, P.S. Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Vina Kumari jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2021 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 offences punishable under Sections 30(a)/41 of the Bihar Prohibition and Excise Act.

Recovery of liquor is alleged from the house of some other person. The petitioner and co-accused were there outside the house of that person. Hence, on suspicion they were apprehended.

The petitioner has stated on oath that he has got no criminal antecedent. The petitioner is in custody since 18.07.2020. Investigation of the case is already complete. Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.38287 of 2020(2) dt.08-02-2021 2/2 above named, be released on bail on furnishing bail bond of 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 Naubatpur P.S. Case No.368 of 2020, giving rise to Special Case No.4460 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) Mkr./- U T