Nandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9790 of 2017 Arising Out of PS.Case No. -416 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Nandu Kumar Son of Late Karu Saw R/o Purani Bazar, P.S. Bakhtiyarpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neerad Parashar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 416 of 2016 registered under Sections30, 37 and 38 of the Bihar Excise Amendment Act, 2016. Learned counsel for the petitioner submits that it is a case of double jeopardy. Recovery is said to have been made from a place which was already in sealed condition in connection with another case, and as such, petitioner cannot be held liable for the recovery. During investigation it has come that petitioner had lent out the aforesaid godown on rent. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or

Patna High Court Cr.Misc. No.9790 of 2017 (2) dt.09-03-2017 2/2 surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Jabin Jamal, Judicial Magistrate, 1st Class, Patna City, Patna in connection with Fatuha P.S. Case No. 416 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T