Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52098 of 2019 Arising Out of PS. Case No.-446 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== BINAY KUMAR Son of Bilash Yadav Resident of Village - Tetaria, P.S.- Sherghati, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-08-2019 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 30(a)/56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Liquor was allegedly recovered from the possession of the petitioner and co-accused. Prosecution report has been submitted without proper investigation of the case. Though the petitioner has got criminal antecedent, however, no criminal case is there against the petitioner under the provisions of Bihar Prohibition and Excise (Amendment) Act, 2018. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.52098 of 2019(2) dt.23-08-2019 2/2 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 Excise Case No.446 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 investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T