Patna High CourtCR. MISC./17237/2017allowed

Nitesh Kumar v. The State Of Bihar

2017-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17237 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Nitesh Kumar Son of Jagdish Sao @ Jagdish Sahu Resident of Village - Hemanpur, P.S. - Bakhari, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 The petitioner is in custody since 13.03.2017 in connection with Bakhri P.S. Case No. 44 of 2017, registered for offences punishable under Sections 30(a)(d) and (g) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 750 ML of indian made foreign liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Further petitioner has no criminal antecedent and has been in judicial custody since 13.03.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.17237 of 2017 (2) dt.17-04-2017 2/2 circumstances of the case, quantity of recovered liquor and also petitioner has no criminal antecedent and has been in judicial custody for more than one month, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Vth, Begusarai, in connection with Bakhri P.S. Case No. 44 of 2017. It is also made clear that if the petitioner again found involved in any of such offence, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T