Nitish Yadav @ Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43551 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43551 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana -MOKAMA RAIL P.S. District- PATNA ====================================================== Nitish Yadav @ Nitish Kumar, Son of kapil yadav, Resident of Belthan, Police Station- Bakhtiyarpur, district- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Kumar For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

230 litres of country made liquor is said to have been recovered from the five bags being carried by co-accused Binod Kumar Yadav in the bogy of the train. The said Binod Kumar Yadav was apprehended who disclosed the name of the petitioner in the occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.43551 of 2018 (2) dt.19-07-2018 either with the seized liquor. He has been falsely implicated in the case by the said Binod Kumar Yadav due to animosity. He was not apprehended on the spot. Said, Binod Kumar Yadav has been enlarged on bail by a co-ordinate bench of this court vide order dated 10.08.2017 passed in Cr. Misc. No. 35564 of 2017. He has been languishing in custody since 12.12.2017. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Special Judge, Excise Act, Patna in connection with Mokama Rail Police Station Case No. 24 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T