Nand Kishor Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14589 of 2018 Arising Out of PS.Case No. -232 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Nand Kishor Bhagat, son of Ram Bhagat, resident of Village- Manikpur, P.S.- Indrapuri, District- Rohtas, At present- B.S.L.L.H. Sector No. 4 Quarter No. 104, P.S. Bokaro Steel City, District- Bokaro (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 29.11.2017 in connection with Suryagarha P.S. Case No. 232 of 2017 for offences punishable under Sections 272, 273 of the Indian Penal Code and 30 (a)32(c), 38(d) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on patrolling duty they got information that a white Indigo car is carrying illicit liquor they apprehended the petitioner along with said car and from the car 42.99 liters of foreign liquor was recovered. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.14589 of 2018 (2) dt.13-03-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is the driver of the car and the owner was one Nirbhay Yadav who had put the consignment in the car and he did not know what it contained. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

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

Considering the facts and circumstances and the materials on record as well as the period of custody, 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 2nd Additional District and Sessions Judge-cum-Special Judge( Excise) Lakhisarai in connection with Suryagarha P.S. Case No. 232 of 2017. (Nilu Agrawal, J) Devendra/- U T