Nitish Kumar @ Nitish Rai @ Nitish Yadav @ Nitesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6647 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nitish Kumar @ Nitish Rai @ Nitish Yadav @ Nitesh Yadav, S/o Jay Narayan Rai, Resident of village - Panchtaki Ram, P.S. Bairginiya, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner, who is in custody, seeks bail in connection with Dhaka P.S.Case No. 172 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Excise (Amendment) Act, 2016.

Allegation is that petitioner was carrying a gunny bag on his head and seeing the police, he threw the bag and escaped away and on search, 100 bottles of Nepali liquor, each containing 300 ml, were found kept in the bag and the local persons disclosed the name of the petitioner, who had escaped away. It is submitted that merely on suspicion, the petitioner was implicated in this case and even the FIR does not disclose the

Patna High Court Cr.Misc. No.6647 of 2017 (2) dt.15-02-2017 2/2 name of that person, who had identified the petitioner and the petitioner has been in custody since 12.09.2016 Having considered the aforesaid facts and circumstances, let the petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-9th, East Champaran, Motihari in connection with Dhaka P.S.Case No. 172 of 2016.

(Arun Kumar, J) Sujit/- U