Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87170 of 2019 Arising Out of PS. Case No.-286 Year-2019 Thana- SULTANGANJ District- Patna ====================================================== RAUSHAN KUMAR Son of Late Rambabu Prasad @ Rambabu Resident of Village - Ekangar Saray, Telhara Milkipar, P.S. - Ghosi, District - Jehanabad. At present - Khemnichak P.S. - Ram Krishna Nagar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. More than 100 litres of liquor was recovered from an Auto. The petitioner was also on the same Auto at the time of recovery. Hence, apprehended on suspicion that he is owner of the liquor. Petitioner has stated on oath that he has got no criminal antecedent.

Considering the nature of allegation and prescribed punishment for the offence, in my view, the petitioner should be released only after framing of the Charges. Let the petitioner,

Patna High Court CR. MISC. No.87170 of 2019(2) dt.14-01-2020 2/2 above named, be released on bail, after framing of the charge against the petitioner, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Spl. Case No. 9083 of 2019 arising out of Sultanganj Police Station Case No. 286 of 2019, 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 the territorial jurisdiction of the learned court below.

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

The trial court is directed to expedite the framing of the charge against the petitioner.

(Birendra Kumar, J) Kundan/- U T