Patna High CourtCR. MISC./5192/2017bail granted

Nikesh Kumar Gupta v. The State Of Bihar

2017-03-09Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5192 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5192 of 2017 Arising Out of PS.Case No. -572 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Nikesh Kumar Gupta, Son of Hira Prasad, Resident of Ward No. 7 Astuwarganj, P.S. Mohania, District - Kaimur ( Bhabua ) .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Mohania P.S. Case No. 572 of 2016 registered for the offence punishable under Section 30 (a) of Bihar Excise (Amendment) Act, 2016. Allegedly, 3 bottles of Premium Whisky each containing 750 ml, 3 bottles each containing 375 ml, mobile and SIM Cards were recovered and for that the petitioner is suffering in custody since 17.12.2016.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Mohania P.S. Case No. 572 of 2016, subject to the conditions that

Patna High Court Cr.Misc. No.5192 of 2017 (2) dt.09-03-2017 one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T