Mithilesh Kumar @ Mithilesh Kumar Jha @ Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81881 of 2019 Arising Out of PS. Case No.-767 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== Mithilesh Kumar @ Mithilesh Kumar Jha @ Mithu Kumar Son of Naresh Jha R/o Village- Murgi Farm, Lauka Tola, P.S.- K.Hat (Madhubani), DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== 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 Khazanchi Hat (Madhubani) P.S.Case No.767 of 2019 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.

95 liters of liquor was allegedly recovered from the poultry farm of the petitioner. Petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 15.10.2019. Investigation of the case is already complete. Considering the quantity of liquor and punishment prescribed under the law, in my view, petitioner should be

Patna High Court CR. MISC. No.81881 of 2019(2) dt.13-01-2020 2/2 released on bail only after framing of the charge. Hence, the trial court is directed to frame the charge at the earliest. 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 2nd Additional Sessions Judge--cumSpecial Judge, Excise, Purnea in connection with Khazanchi Hat (Madhubani) P.S.Case No.767 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