Nimiya Pasi @ Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52905 of 2017 Arising Out of PS. Case No.-279 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Nimiya Pasi @ Dipu Kumar, son of Awadhesh Pasi alias Rameshwar Choudhary, resident of village- Amra Talab, P.S. Sasaram(M), District-Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Sri Rajani Kant Singh, learned counsel for the petitioner and Sri Mithilesh Kumar Khare, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Sasaram(Muffassil) P.S. Case No.279/2017 registered for the offence under Section Section 30(a) of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that it is a peculiar case that on secret information, the petitioner has been made accused, whereas nothing was recovered from the conscious possession or from the house or land of the petitioner, rather huge quantity of country-made liquor was recovered from a dilapidated house of one Satya Prakash Sah @ Tufani and the

Patna High Court Cr.Misc. No.52905 of 2017(2) dt.09-11-2017 2/2 petitioner has been made accused only on suspicion. He submits that the petitioner is having clean antecedent, which fact has been mentioned in paragraph-3 of the petition. Considering the nature of accusation, clean antecedent of the petitioner as well as the fact that only on suspicion, the petitioner has been made accused, let the petitioner, namely, Nimiya Pasi@ Dipu Kumar, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum- Spl. Judge, Excise, Rohtas at Sasaram in connection with Sasaram(Muffassil) P.S. Case No.279 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T