Petitioner sought bail in a Bihar Prohibition and Excise Act case. Court granted bail pending framing of charges upon furnishing a bond and two sureties, directing the trial court to expedite the process.
Petitioner released on bail after framing of charge on furnishing bond of Rs.20,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87166 of 2019
Arising Out of PS. Case No.-72 Year-2019 Thana- MOKAMAH District- Patna
======================================================
NITISH KUMAR @ SATYAM Son of Late Subodh Singh R/o VillageSakhmoham, P.S.- Bibhutipur, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Manglam, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 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) and 45 of the Bihar Prohibition and Excise Act, 2016.
Recovery of liquor is not alleged from possession of the petitioner nor the petitioner was apprehended at the time of recovery. Allegation is that the petitioner fled away from the place of recovery. Petitioner is in custody since 11.11.2019. Petitioner has got two identical 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 entire facts, let the petitioner, above named, be released on bail, after framing of the charge against the petitioner , on furnishing bail bond of Rs.20,000/-
Patna High Court CR. MISC. No.87166 of 2019(2) dt.14-01-2020 2/2
(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 Special Excise Case No. 3961 of 2019 arising out of Mokama Police Station Case No. 72 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
1 issue framed by the court
Whether the petitioner be granted bail after framing of charges given no material to substantiate tampering with evidence or absconding.
1 provisions across 1 enactments
NITISH KUMAR @ SATYAM
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
