Vidhayak Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35557 of 2017 ======================================================

1. Vidhayak Bind Son of Dukhan Bind, R/o Village- Kachhiyawan, P.S.- Nagarnausa, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 23.05.2017 in connection with Nagarnausa P.S. Case No. 46/2017 for offences punishable under Sections 30(a), 38/41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of raid, the petitioner was found to be carrying five litres of Mahua wine, was apprehended and, accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, has been falsely implicated in the aforesaid case and that he bears no criminal antecedent. He submits that considering the small quantity of Mahua wine a

Patna High Court Cr.Misc. No.35557 of 2017 (2) dt.09-08-2017 2/2 sympathetic consideration be given.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge cum Special Judge, Nalanda at Biharsharif, in connection with Nagarnausa P.S. Case No. 46/17. (Nilu Agrawal, J) Rajesh/- U T