Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42668 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== 1.

Sajan Kumar, Son of Sikandar Mandal, Resident of Village - Bishanpur Jicho, P.S.- Lodipur, Distt - Bhagalpur.

2.

Jitendra Kumar, Son of Late Bhola Mandal, Resident of Village - Choti Sardho, P.S.- Sabour, Distt - Bhagalpur.

3.

Rupesh Kumar, Son of Bhagirath Mandal, Resident of Village - Maniyarpur, P.S.- Masudanpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence under Sections 30(A) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

Allegation is that foreign liquor was recovered from possession of the petitioners.

Submission is that the police has submitted prosecution report without proper investigation of the case. Petitioners have stated on oath that they have got no criminal antecedent. Considering the aforesaid fact, let the petitioners, above named, be released on bail, after completion of two months in custody, 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

Patna High Court CR. MISC. No.42668 of 2019(2) dt.11-07-2019 2/2 pending in connection with Excise Case No. 90 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below having immovable property in his name.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) khushbu/- U T