Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69772 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== NITISH KUMAR S/o Umesh Prasad R/o Village- Shiv Tola (Dandashpur), P.S.- Janta Bazar, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Janta Bazar P.S. Case No. 137/2019 registered under Sections 272, 273, 414 of the Indian Penal Code and Sections 30(a), 38, 41 of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner, petitioner has no concern with the alleged seized liquor and motorcycle and he is in custody since 25.08.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.69772 of 2019(2) dt.13-01-2020 2/3 wherein the illicit liquor is said to have been recovered from the possession of the petitioner and it is seen that the petitioner has got a case of similar nature on his head and he is on bail in the said case, and during the period he is on bail has got involved in the present case and he is in custody since 25.08.2019, on completion of six months of custody, the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge, Excise, Saran, in connection with Janta Bazar P.S. Case No. 137/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or

Patna High Court CR. MISC. No.69772 of 2019(2) dt.13-01-2020 3/3 tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T