Patna High CourtCR. MISC./86031/2019bail granted

Mithun Kumar v. The State Of Bihar

2020-01-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86031 of 2019 Arising Out of PS. Case No.-690 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mithun Kumar Son of Manki Rai Resident of Village - Pakauli, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Prabhat, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

50 liters of liquor was allegedly recovered from the possession of the petitioner. The petitioner has stated on oath that he has got no criminal antecedent.

Considering the nature of allegation and punishment prescribed for the offence alleged, in my view, the petitioner should be released only after framing of the charge. Hence, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.86031 of 2019(2) dt.14-01-2020 2/2 satisfaction of the learned Court-below where the case is pending in connection with Hajipur Sadar P.S. Case No.690 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the Court.

The trial Court is directed to expedite framing of the charge.

(Birendra Kumar, J) Mkr./- U T