Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35209 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- MANER District- Patna ====================================================== 1.

NITISH KUMAR Son of Kameshvar Ray Resident of Village - Nilkhanth Tola, Gauriya Asthan, P.S.- Maner, Dist.- Patna. 2.

Bacchu Kumar Son of Shailal Rai Resident of Village - Nilkhanth Tola, Gauriya Asthan, P.S.- Maner, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 13.04.2019 in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that the petitioners were apprehended while travelling on a motorcycle and from their possession, 100 litres of country made liquor were recovered.

It is submitted by learned counsel for the petitioners that the petitioners have maliciously been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner no.1 is also accused in one other case, in which he

Patna High Court CR. MISC. No.35209 of 2019(2) dt.29-05-2019 2/2 is on bail, whereas the petitioner no.2 is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the possession of the petitioners.

Considering the nature of recovery and period under custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Maner P.S. Case No. 187 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U R