Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2390 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -MASAURHI District- PATNA ====================================================== Nitish Kumar, son of Late Naresh Yadav, resident of Village- Badroi, P.S. Mashaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case No. 5414 of 2017 arising out of Masaurhi P.S. Case No. 339 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

175 litres of country made liquor is said to have been kept digging on the bank of the river which was destroyed during the course of excavating while 25 litres of the country made liquor was recovered from the bush kept by some unknown miscreants.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.2390 of 2018 (2) dt.23-01-2018 2/2 physical possession of the petitioner. He is neither concerned with the seized article nor with the place of occurrence. He was not apprehended on the spot. He has been languishing in custody since 30.10.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Special Case No. 5414 of 2017 arising out of Masaurhi P.S. Case No. 339 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T