Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38399 of 2020 Arising Out of PS. Case No.-248 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== Rakesh Kumar, Son of Devendra Rai @ Devendra Ray, Resident of Village - Dubiyahi, P.S. - Kudhani (Turki O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act.

From a truck, huge quantity of liquor was recovered. Four persons were apprehended at the spot and four allegedly fled away. The petitioner was one of the person who had fled away and was not arrested at the spot. Petitioner has got an identical criminal antecedent. He is in custody since 25.07.2020. Investigation of the case is already complete. Considering the facts aforesaid, let the petitioner, above named, be released on bail, after framing of the charges

Patna High Court CR. MISC. No.38399 of 2020(2) dt.20-02-2021 2/2 or after three months whichever is earlier, so that the trial may not hamper, 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 Karja P.S. Case No. 248 of 2019, 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