Patna High CourtCR. MISC./28325/2019bail granted

Nitish Kumar v. The State Of Bihar

2019-05-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28325 of 2019 Arising Out of PS. Case No.-540 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== NITISH KUMAR Son of Ashok Rai, Resident of Village-Ayodhyabari, At present Residing at Raja Dumri, P.S.-Muffasil (Lakho), District-Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate.

For the Opposite Party/s :

Mr. Ansar Ul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Muffasil (Lakho) P.S. Case No. 540 of 2018, instituted for the offence under Section(s) 30(a) and 32 of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that recovery of illicit liquor was made from brick-kiln. The seizure list which is part of the First Information Report shows that illicit liquor has been recovered from closed brick kiln of Janardan Singh. Petitioner has been made accused merely on the basis of statement of Chowkidar that he was found running away from place of occurrence.

Patna High Court CR. MISC. No.28325 of 2019(2) dt.01-05-2019 2/2 Petitioner is in custody since 19.3.2019, having clean antecedent.

Considering the aforesaid 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 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raj Kishore Rai, learned Additional Sessions Judge-IInd cum-Spl. Judge, Excise Act, Begusarai, in connection with Muffasil (Lakho) P.S. Case No. 540of 2018,subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T