Indrajit Kumar @ Nanki Mithai Dukandar @ Nanhki Mithai Dukandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72964 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Indrajit Kumar @ Nanki Mithai Dukandar @ Nanhki Mithai Dukandar, Son of late Rameshwar Sah, Resident of Village - Sherpur Kayasth Tola, P.S.- Muzaffarpur Sadar, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bela P.S. Case No. 28 of 2019, registered under Sections 272, 273, 414 and 120(B) of the Indian Penal Code and Section 30(a), 38(1) and 41(1) of the Bihar Excise Act, 2016. The accusation is that on receiving secret information about keeping illicit liquor in 10 wheeler truck in the campus of Bela Industrial Area Phase II situated at Bela Agro Chemical Factor, the informant along with other police personnel reached there. On seeing the police party, some persons present there started to flee way, but on chased, one was

Patna High Court CR. MISC. No.72964 of 2019(3) dt.05-03-2020 2/3 apprehended, who disclosed his name as Anil Kumar, claiming himself to be the guard of the said factory. On search, 147 cartoons each containing 48 bottles of 180 ml, 182 cartoons each containing 24 bottles of 375 ml and 98 cartoons each containing 12 bottles of 750 ml Indian made foreign liquor were recovered from the truck, pickup van, Alto car and motorcycle parked in the said factory. On query, Anil Kumar disclosed the name of Roushan Kumar @ Golu, Nanhki @ Indrajit Kumar (petitioner), Rajesh Kumar, Roushan Kumar and some other persons, who are the owner of Alto Car, Pickup van and motorcycle, succeeded to flee away.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the confessional statement of Anil Kumar, who was apprehended at the spot and claimed himself to be the guard of the factory. It is further submitted that petitioner has no criminal antecedent and is in custody since 14.09.2019 and on investigation, the charge sheet has already been submitted against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.72964 of 2019(3) dt.05-03-2020 3/3 satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Bela P.S. Case No. 28 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T