Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78266 of 2018 Arising Out of PS. Case No.-255 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== Nitesh Kumar son of Mritunjay Prasad @ Mritunjay Kumar of village Khutahan P.S. Haspura, District Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 902/ 2018 arising out of Arwal P.S. Case No.255 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 10.5 litres foreign liquor from the bag of co-accused.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 29.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-

Patna High Court Cr.Misc. No.78266 of 2018(2) dt.17-01-2019 2/2 II, Jehanabad in connection with Excise Case No. 902/ 2018 arising out of Arwal P.S. Case No.255/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T