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Patna High CourtCR. MISC./9761/2021bail granted

Jhigan Kewat v. The State Of Bihar

2021-11-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9761 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== JHIGAN KEWAT, SON OF LATE SEBAK KEWAT, RESIDENT OF VILLAGE - JOGMELA, WARD NO. 18, P.S. - LAKHISARAI, DISTRICT - LAKHISARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32 and 56(a) of the Bihar Prohibition and Excise Act. Submission is that recovery of liquor is not alleged from the house or possession of the petitioner. On the basis of report of the police informer, name of the petitioner has been dragged in this case.

Prosecution report has been submitted without proper investigation of the case. Petitioner has got no criminal antecedent.

Considering the submission aforesaid, let the

Patna High Court CR. MISC. No.9761 of 2021(2) dt.16-11-2021 2/2 petitioner, above named, in the event of his arrest or surrender before the learned 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. 146 C 2 of 2020, subject to the conditions 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 learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T