Mukesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86641 of 2019 Arising Out of PS. Case No.-888 Year-2019 Thana- DANAPUR District- Patna ====================================================== MUKESH RAY Son of Ramji Ray Resident of Village - Purani Panapur, P.S.- Akilpur, District- Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, 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.

50 litres of country made liquor was recovered which was alleged to be of the petitioner, who was apprehended, while fleeing from the place of recovery. 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 nature of allegation and punishment prescribed for the same, in my view, the petitioner should be released only after framing of the charges. Let the petitioner, above named, be released on bail, after framing of the charge

Patna High Court CR. MISC. No.86641 of 2019(2) dt.14-01-2020 2/2 against the petitioner, on furnishing bail 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 Danapur Police Station Case No. 888 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