Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60590 of 2019 Arising Out of PS. Case No.-451 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Nitish Kumar, aged about 21 years (Male), Son of Sri Rajesh Kumar, Resident of Village- Koiri Tola, P.S.- Gurua, District- Gaya. 2.

Manish Kumar, aged about 23 years (Male), Son of Sri Rajesh Kumar Resident of Village- Koiri Tola, P.S.- Gurua, District- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Shailesh Kumar,Advocate.

For the Opposite Party :

Mrs.Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 500 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 18.07.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the

Patna High Court CR. MISC. No.60590 of 2019(2) dt.24-09-2019 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 500 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya, in connection with Excise Case No. 451 of 2019.

(Sudhir Singh, J) U.K./- U T