Patna High CourtCR. MISC./51773/2018bail granted

Nitish Kumar v. The State Of Bihar

2018-09-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51773 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -DANIYAWAN District- PATNA ======================================================

1. Nitish Kumar S/o Anil Prasad @ Anil Kumar , R/o Vill. + P.S.- Shahjahanpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Adv For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 38(a), 37(b) of the Bihar Prohibition and Excise Act. Submission is that recovery of liquor is from possession of co-accused-Prince Kumar and on the statement of Prince Kumar, the petitioner is also named in the FIR. Petitioner has got no criminal antecedent. Nothing has been recovered from possession of the petitioner. In the circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of

Patna High Court Cr.Misc. No.51773 of 2018 (2) dt.27-09-2018 2/2 receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Daniyawan P.S.Case No.29 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T