Shish Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86676 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- PRANPUR District- Katihar ====================================================== SHISH MOHAMMAD S/o Md. Ismile R/o Bharatkol, Ward No.12, P.S.- Amdabad, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

About 34 litres of liquor was recovered from possession of the petitioner. Petitioner has stated on oath that he has got no criminal antecedent. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Considering the quantum of recovery and punishment prescribed for the law, in my view, the petitioner should be released only after framing of the charges against the petitioner. Let the petitioner, above named, be released on bail, after framing of charge against the petitioner, on furnishing bail

Patna High Court CR. MISC. No.86676 of 2019(2) dt.14-01-2020 2/2 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 Pranpur Police Station Case No. 213 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.

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

(Birendra Kumar, J) Kundan/- U T