Patna High CourtCR. MISC./28631/2018bail granted

Nand Kishore Tiwari v. The State Of Bihar

2018-05-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28631 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Nand Kishore Tiwari S/o Badan Tiwari , R/o Vill.- Bhaluari, P.S.- Indrapuri, (Dehri), District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Deovind Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 27.02.2018 in Dehari (Indrapuri) P.S. Case No.36 of 2018 registered for the offence under Sections 30(a)/34 of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail. Learned counsel for the petitioner, by way of referring to the statement made in paragraph-3 of the petition , submits that the petitioner is having clean antecedent. It has been argued that nothing was recovered either from the conscious possession of the petitioner or from the house of the petitioner, rather in the case, recovery of 35 liters of country made liquor was shown from outside the house of the petitioner. He further submits that the petitioner being owner of the house has falsely been

Patna High Court Cr.Misc. No.28631 of 2018(2) dt.08-05-2018 2/2 implicated in the present case and he is rotting in the jail since 27.02.2018.

Considering the nature of accusation, clean antecedent and period of custody, let the petitioner, namely,Nand Kishore Tiwari 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-cumSpecial Judge, Excise, Rohtas at Sasaram in connection with Dehari (Indrapuri )P.S. Case No.36 of 2018.

(Rakesh Kumar, J) nawalkrs/- U T