Patna High CourtCR. MISC./64083/2018bail granted

Jitendra Nath v. The State Of Bihar

2018-12-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64083 of 2018 Arising Out of PS. Case No.-427 Year-2018 Thana- HILSA District- Nalanda ====================================================== Jitendra Nath S/o Late Amarnath Prasad Resident of Village-Korawan, P.S. Islampur, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Hilsa P. S. Case No. 427 of 2018, dated 09.08.2018 instituted for the offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016. Fifty bottles of 750 ml. whisky is said to have been recovered from Scorpio vehicle which is stated to be of the petitioner.

Learned counsel for the petitioner has submitted that the vehicle was entrusted to the driver for being plied on commercial basis, but the driver / manager has misused

Patna High Court Cr.Misc. No.64083 of 2018(2) dt.14-12-2018 2/2 such privilege and has used it for carrying illicit liquor. Nothing has been recovered from the personal possession of the petitioner.

Since the petitioner does not have criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned VIth Additional District and Sessions Judge cum Special Judge, Excise, Nalanda at Biharsharif in connection with Hilsa P. S. Case No. 427 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U