Nithu Nandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39424 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

NITHU NANDI, son of Nantu Nandi, resident of village- Soguna Uttarpada, P.S.- Kalyani, District- Nadiya (West Bengal). 2.

Sumo Sigdar @ Subho Sigdar, son of Gautam Sigdar, resident of villageJhanjhaniya, P.S.- Habra, District- Uttar-24 Pargana (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Daudnagar P.S. Case No.179 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

Prayer of the petitioners for bail was earlier rejected by this Court by order dated 08.10.2018 passed in Cr. Misc. No.55259 of 2018 with liberty to renew the prayer for bail after six months.

Report has been received from the trial Court from which it appears that case is pending for evidence. It is alleged that total 5636 litres foreign liquor was

Patna High Court CR. MISC. No.39424 of 2019(4) dt.31-07-2019 2/2 recovered from the truck of which petitioners were driver and cleaner.

Counsel for the petitioners submits that Petitioners are in custody since 29.05.2018.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VII cum Special Judge, Excise Act, Aurangabad, in connection with Daudnagar P.S. Case No.179 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T