Patna High CourtCR. MISC./888/2017bail granted

Nilesh Singh @ Nilay Kumar Singh v. The State Of Bihar

2017-01-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.888 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -BHORE District- GOPALGANJ ====================================================== Nilesh Singh @ Nilay Kumar Singh, son of Shivjee Singh, resident of village Bhore, Uttari Tola, P.S. Bhore, Distt. Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Dubey, Advocate. For the Opposite Party : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 414, 272, 273, 308, 420 of the Indian Penal Code, Sections 30(9), 35 and 38 of Bihar Prohibition Excise Act.

It is alleged in the written report that total 32 bottles of country made liquor containing 200 ml. were recovered from the dickey of motorcycle of the petitioner. The petitioner did not produce any paper with regard to contraband liquor. It is stated that the motorcycle belongs to his own brother namely Prabhat Kumar for which he also annexed a copy of ownership as Annexure-2 series. The petitioner is said to be in custody since 7.11.2016.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.888 of 2017 (2) dt.12-01-2017 2/2 the case as also that there is no specific allegation against the petitioner that he was indulging in any illegal trade of aforesaid liquors, 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 learned Additional Chief Judicial Magistrate-XII, Gopalganj, in connection with Bhore P.S. Case No. 211 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T