Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38540 of 2020 Arising Out of PS. Case No.-408 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sujit Kumar S/o Laxman Rai R/o Village- Salempur, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2021 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 272/273/414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that no excise material was recovered from the possession of the petitioner; rather name of the petitioner was dragged in this case on the confessional statement of co-accused. The petitioner has got a criminal antecedent. However, in that case also nothing was recovered from the possession of the petitioner and a Bench of this Court has granted anticipatory bail to the petitioner. The petitioner is in

Patna High Court CR. MISC. No.38540 of 2020(2) dt.26-02-2021 2/2 custody since 26.08.2020. Investigation of the case is already complete.

Considering the facts aforesaid, let the petitioner, 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 Sahebganj P.S. Case No.408 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