Arbind Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9068 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== ARBIND DAS, aged about 30 years, Male, Son of Madhu Das, Resident of Village - Rikatganj, Bhatiyahi, P.S. Narpatganj (Bathnaha) district Araria ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 08.01.2019 in connection with Narpatganj (Bathnaha) P.S. Case No. 15 of 2019 corresponding to Special Case No. 31 of 2019 for the offence alleged under Section 30(a) Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that petitioner was found crossing the Indo-Nepal border on his motorcycle with 15 liters of Nepali wine. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. The petitioner undertakes not to induce witnesses or tamper with the

Patna High Court Cr.Misc. No.9068 of 2019(2) dt.15-02-2019 2/2 prosecution evidence.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Narpatganj (Bathnaha) P.S. Case No. 15 of 2019 corresponding to Special Case No. 31 of 2019 to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Araria, subject to the condition one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T