Nitish Kumar Chaudhary @ Karu Chaudhary @ Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.41780 of 2017 (2) dt.08-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41780 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Nitish Kumar Chaudhary @ Karu Chaudhary @ Nitish Kumar Son of Ranjeet Chaudhary, R/o Village- Sohdih, P.S.- Sohsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 108 of 2017, registered for offences punishable under Sections 30/30(A) of the Bihar Prohibition and Excise Act, 2016 and Section 272 and 273 of the Indian Penal Code.

Allegation is of recovery of 6 litres of country made wine.

It has been submitted on behalf of the petitioner that the recovery has been made from the joint house of the petitioner and nothing has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case and has been in judicial custody since 20.07.2017 and though he has been accused in one more case but he has been implicated in that case

Patna High Court Cr.Misc. No.41780 of 2017 (2) dt.08-09-2017 after remand in this case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioner has no criminal antecedent and has remained in custody for two and half months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District & Sessions Judge-Cum-Special Judge, Excise, Nalanda in connection with Sohsarai P.S. Case No. 108 of 2017.

It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T