Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74028 of 2018 Arising Out of PS. Case No.-378 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Niraj Kumar, son of Ramashankar Manjhi, resident of village Srinagar, P.S. Mairwa, Distt. Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mairwa P.S. Case No. 378 of 2018 instituted for the offence under Section(s) 272, 273, 308 and 34 Indian Penal Code, Sections 30(a), 38, 41(1) and 37(b) of the Bihar Amendment and Excise Act, 2016.

It is alleged in the written report that 8.640 liters of illicit liquor has been recovered from possession of the petitioner.

Petitioner is in custody since 22.9.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.74028 of 2018(2) dt.11-12-2018 2/2 each to the satisfaction of learned Additional Sessions Judge, 2nd-cum-Special Judge (Excise) Siwan, in connection with Mairwa P.S. Case No. 378 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. It is mentioned in paragraph-3 of the bail petition that one Excise case of Mairwa P.S. Case No. 328 of 2018 is pending against the petitioner. petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will be liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T