Patna High CourtCR. MISC./85505/2019bail granted

Bhola Kumar v. The State Of Bihar

2020-01-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85505 of 2019 Arising Out of PS. Case No.-1119 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Bhola Kumar S/O Satyanarayan Sah Resident of Village - Shivrahan Chaturbhuj, P.S.- Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mrs.Asha Devi,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/36/38 of the Bihar Prohibition and Excise Act, 2016.

Huge quantity of liquor was recovered from a truck. The petitioner was arrested from the truck along with others. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 14.09.2019. Considering the facts of the case aforesaid, 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

Patna High Court CR. MISC. No.85505 of 2019(2) dt.13-01-2020 2/2 Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ahiyapur P.S. Case No.1119 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