Patna High CourtCR. MISC./195/2020bail granted

Arun Kumar Chaudhary v. The State Of Bihar

2020-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.195 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Arun Kumar Chaudhary S/o Surendra Kumar Chaudhary Resident of VillageChowk Shikarpur Kahar Toli, P.S.- Chowk, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with P.R.Case No.03 of 2019 instituted for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

17 liters of liquor was allegedly recovered from a tempo and the petitioner was arrested at the spot. Petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 28.11.2019.

Considering the quantity of liquor and punishment prescribed under the law for the same, in my view, petitioner should be released on bail only after framing of the charge.

Patna High Court CR. MISC. No.195 of 2020(2) dt.16-01-2020 2/2 Hence, the trial court is directed to frame the charge at the earliest.

After framing of the charges, let the petitioner be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Patna in connection with P.R.Case No.03 of 2019, Special Case No.10627 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) B.Kr./- U T