Patna High CourtCR. MISC./2403/2020bail granted

Shankarkumar Mandal v. The State Of Bihar

2020-01-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2403 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== Shankar Kumar Mandal Son of Lagen Mandal Resident of Village - Dokhara, P.S.- Kadwa, Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2020 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, 2018.

About 223 litres of liquor was recovered from the motorcycle of the petitioner and the petitioner was apprehended at the spot.

Petitioner has stated on oath that he has got no criminal antecedent and he is in custody since 08.11.2019. 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

Patna High Court CR. MISC. No.2403 of 2020(2) dt.21-01-2020 2/2 framing of the charge on furnishing bail bond of 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 Balrampur P.S. Case No. 114 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 trial Court.

(Birendra Kumar, J) mantreshwar/- U T