Nitish Kumar @ Nitu @ Nitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79418 of 2018 Arising Out of PS. Case No.-576 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== NITISH KUMAR @ NITU @ NITU KUMAR Son of Ashok Roy, resident of Village- Ayodhyabari, P.S.- Muffasil (Lakho), District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Mufassil (Lakho) P.S. Case No. 576 of 2018 registered for the offence punishable under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 17.627 litres foreign liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 02.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.79418 of 2018(2) dt.09-01-2019 2/2 amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai in connection with Mufassil (Lakho) P.S. Case No. 576 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U