Nayak Nityanand Kumar @ Nitya Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22699 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== Nayak Nityanand Kumar @ Nitya Nand Kumar S/o Late Durga Prasad Yadav Resident of Village- Panditpur, Ward No.-01, Rajgir, P.S.- Rajgir, DistrictNalanda, Presently Residing at Indian Army, Code No. 148 LT AD, Assam. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sudha Chandra, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 18.03.2019 in connection with Rail P. S. (Rajgir) Case No. 06 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016 on the ground that 14.25 liters foreign liquor was recovered from his conscious possession.

Submission on behalf of the petitioner is that the petitioner is a military personnel and as a matter of fact, he was going to his house but police officials apprehended the petitioner on suspicion and nothing was recovered from his conscious possession.

Patna High Court CR. MISC. No.22699 of 2019(2) dt.10-04-2019 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 each to the satisfaction of Special Judge, Excise Act, Patna in connection with Rail Biharsharif (Rajgir) P. S. Case No. 06 of 2019.

(Hemant Kumar Srivastava, J) N.K/- U T