Nandu @ Nandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62256 of 2018 Arising Out of PS. Case No.-475 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== Nandu @ Nandu Kumar, S/o Late Babu Yadav, R/o Kumhrar Gwala Toli, P.S.- Agam Kuan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Anand For the Opposite Party/s :

Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Spl. Case No. 6414 of 2017 arising out of Agamkuan P.S. Case No. 475 of 2017 registered under Section 30(a) of the Bihar Excise Act, 2016.

The accusation is that on receiving secret information about selling the illicit liquor in semi constructed house at Mohala Kumhrar near Shiv Mandir, the informant along with other police officials reached there. On seeing the police party, some persons started to flee away but one was apprehended, who disclosed his name as Shakti Kumar and found in possession of Rs.5,600/-, who also disclosed that he

Patna High Court Cr.Misc. No.62256 of 2018(2) dt.06-10-2018 2/2 along with petitioner kept illicit liquor in Tanki of bathroom of semi constructed house. On his disclosure, 337 litres country made liquor in different pouches were recovered from the Tanki and also disclosed the name of the petitioner indulging in selling and concealing the illicit liquor with him.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has come in confessional statement of co-accused, Shakti Singh. It is further submitted that petitioner has no criminal antecedent and he in custody since 08.09.2018.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Patna, in connection with Spl. Case No. 6414 of 2017 arising out of Agamkuan P.S. Case No. 475 of 2017. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T