Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36777 of 2017 Arising Out of PS.Case No. -333 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Anish Kumar Son of Sri Shyam Bihari Sah, Resident of Village-Khakhada, Police Station-Kargahar, District-Rohtas at Sasaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 27.06.2017 in connection with Excise Case No. 333 of 2017 for offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that they apprehended the petitioner along with other person carrying 36 liters of country made wine.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that the other accused apprehended by the Excise Officials has been granted privilege of bail by this Court in Cr. Misc. No. 36726 of

Patna High Court Cr.Misc. No.36777 of 2017 (3) dt.01-09-2017 2/2 2017 on 19.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Sessions Judge-IInd-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Excise Case No. 333 of 2017, subject to the condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T