Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.22706 of 2017 (2) dt.19-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22706 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================

1. Nitish Kumar, Son of Binod Singh, R/o Village- Palatu Bigha, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Adv. For the Opposite Party/s : Mr. Manoj Kumar Singh, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 30.03.2017 in connection with Kako P.S. Case No. 59 of 2017 registered under Sections 272, 273of the Indian Penal Code and Section 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner. The petitioner is rotting in custody for the last one and half months.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.22706 of 2017 (2) dt.19-05-2017 bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Jehanabad in connection with Kako P.S. Case No. 59 of 2017.

(Arvind Srivastava, J) brajesh/- U T