Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79803 of 2019 Arising Out of PS. Case No.-598 Year-2019 Thana- DIGHA District- Patna ====================================================== PAWAN KUMAR Son of Ramsohavan Ray @ Sohavan Ray R/O - Ramji Chak, Nahar, P.O. and P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

More than 12 litres of liquor was recovered from the auto rickshaw of which the petitioner was driver. Submission is that the owner of the liquor, who were passenger on the rickshaw, fled away. Petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 22.10.2019. Petitioner is ready to cooperate with the trial. Investigation of the case is already complete against the petitioner. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Patna High Court CR. MISC. No.79803 of 2019(2) dt.13-01-2020 2/2 Considering the entire facts, let the petitioner, above named, be released on bail 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. 9349 of 2019 arising out of Digha Police Station Case No. 598 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 court.

(Birendra Kumar, J) Kundan/- U T