Vikash Kumar @ Kaila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80928 of 2019 Arising Out of PS. Case No.-772 Year-2017 Thana- NAWADA District- Nawada ====================================================== Vikash Kumar @ Kaila Son of Vijay Singh Resident of Village-Gonawa Dih, P.S. and District-Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

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

The petitioner seeks regular bail in connection with Nawadah Town P.S.Case No.772 of 2017 instituted for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Huge quantity of liquor was allegedly recovered from the outer house of the petitioner. The FIR itself reveals that the said place of recovery was earlier sealed by the police on identical allegation. In spite of that the liquor was found kept there subsequently. Petitioner has got many criminal cases including the cases under the Excise Act. Petitioner is in custody since 30.08.2019. Investigation of the case is already complete.

Patna High Court CR. MISC. No.80928 of 2019(2) dt.13-01-2020 2/2 Considering the fact that the petitioner has got identical nature of criminal antecedent, in my view, petitioner should be released on bail only after framing of the charge. Hence, the trial court is directed to expedite the framing of the charge.

After framing of the charges, let the petitioner be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Nawadah in connection with Nawadah Nagar P.S.Case No.772 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the Court.

(Birendra Kumar, J) B.Kr./- U T