Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70821 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- VISHNUPAD District- Gaya ====================================================== NITISH KUMAR, aged about 25 years (M), Son of Arjun Raut @ Arjun Prasad, Resident of Village - Khatkachak, Naili, P.S.- Vishnupad, Dist.- Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sharda Nand Mishra, Advocate.
For the Opposite Party :
Mrs. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 162 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 01.08.2019. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 162 liters wine is recovered from the house of
Patna High Court CR. MISC. No.70821 of 2019(2) dt.13-11-2019 2/2 co-accused. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya, in connection with Vishnupad P.S. Case No. 36 of 2018.
(Sudhir Singh, J) U.K./- U T