Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23612 of 2017 Arising Out of PS.Case No. -706 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Bittu Kumar Son of Nagina Rawat Resident of Village - Derhgaon, P.S. - Sirdala, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2017 Heard learned counsel for the petitioner and the State.

Petitioner is in custody in connection with Nawada Town P.S. case no. 706 of 2016 for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act. Petitioner was neither named in the FIR nor he was apprehended at the time of search or seizure of the vehicle. Petitioner has stated in para 9 of petition that owner of the vehicle namely Shailendra Kumar has stated that driver of the vehicle carrying liquor was Tunni Kumar. Petitioner is in custody since 01.02.2017. In para 3 of the petition, petitioner has stated on affidavit that he has no criminal antecedent.

Patna High Court Cr.Misc. No.23612 of 2017 (3) dt.08-06-2017 2/2 In view of the fact that petitioner is in custody since 01.02.2017 and he was not apprehended at the time of search of vehicle, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in Nawada Town P.S. case no. 706 of 2016 subject to the condition that petitioner will fully cooperate in the conclusion of trial and cannot in any manner influence the witnesses.

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