Patna High CourtCR. MISC./82005/2019bail granted

Vijay Singh v. The State Of Bihar

2020-01-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82005 of 2019 Arising Out of PS. Case No.-577 Year-2019 Thana- BAGHA District- West Champaran ====================================================== Vijay Singh Son of Late Kedar Singh Resident of Village- Banchahari, P.S.- Bagaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== 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 Bagaha (Bhairoganj) P.S.Case No.577 of 2019 instituted for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that 43 liters of liquor was alleged recovered from the possession of the petitioner. Petitioner has got no criminal antecedent. He is in custody since 29.10.2019. Investigation of the case is already complete. Considering the quantity of liquor and punishment prescribed under the law, in my view, the petitioner should be released on bail only after framing of the charge. Hence, the

Patna High Court CR. MISC. No.82005 of 2019(2) dt.13-01-2020 2/2 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 Special Judge, Excise, West Champaran at Bettiah in connection with Bagaha P.S.Case No.577 of 2019, 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