Patna High CourtCR. MISC./70676/2018allowed

Nikesh Kumar @ Nikesh Sah v. The State Of Bihar

2019-01-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70676 of 2018 Arising Out of PS. Case No.-278 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Nikesh Kumar @ Nikesh Sah S/o Uma Shankar Sah, resident of VillageKatalpur, P.S. G.B. Nagar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with G B Nagar PS Case No. 278 of 2018 for the alleged offence punishable under Sections 272, 273, 308, 413 and 414 of the Indian Penal Code and 30(a), 36, 38 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that 8.64 liters of foreign liquor was seized from a bag kept on the motor cycle. Learned counsel for the petitioner submits that the motor cycle in question does not belong to the petitioner and petitioner is in custody since 30.8.2018.

Patna High Court Cr.Misc. No.70676 of 2018(3) dt.25-01-2019 2/2 Considering the fact that petitioner is in custody since 30.08.2018, this application is allowed. Let the petitioner, above named, 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 2nd Addl. Sessions Judge-cumSpecial Judge, Siwan in connection with G B Nagar PS Case No. 278 of 2018.

However, while granting bail this Court is constrained to impose conditions that one of the bailors should be the elected representative of the local body and other bailor should be the parents of the petitioner. In the event the petitioner creates any impediment in early disposal of the case, trial court shall be at liberty to cancel the bail bond.

(Anil Kumar Upadhyay, J) mrl./- U T