Patna High CourtCR. MISC./5769/2021bail granted

Sachin Kumar v. The State Of Bihar

2021-11-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5769 of 2021 Arising Out of PS. Case No.-973 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== SACHIN KUMAR, SON OF SUBODH PRASAD RESIDENT OF VILLAGE- ITAWAN, P.S- HASPURA, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a), (c) and (d) of the Bihar Prohibition and Excise Act. Petitioner was not there at the time of recovery of liquor from an abandoned house. However allegation is that the recovered liquor was of the petitioner and others. Petitioner has got no criminal antecedent. Prosecution report has been submitted without proper investigation of the case. Since there is no direct material on petitioner's involvement in the act alleged, let the petitioner, above named,

Patna High Court CR. MISC. No.5769 of 2021(2) dt.15-11-2021 2/2 in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees 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 Excise Case No. 973 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) The petitioner 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 petitioner. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T