Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85846 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- BANDHUWA KURAWA District- Banka ====================================================== NITISH KUMAR S/o Ramesh Mandal Resident of Village- Basleta, P.O. Chauanpani, P.S.- Bandhua Kuraba, Dist- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in connection with Bandhua Kuraba PS Case No. 46 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

22 Litres of illicit liquor is alleged to have been recovered from the motorcycle on which the petitioner was travelling. It is stated in the petition that the petitioner is having clean antecedent. Petitioner is in custody since 7.11.2019. Submission is of false implication and non compliance of the provisions under Section 100 Cr.P.C.

Considering the rival submissions, prayer for bail of the petitioner is allowed.

Patna High Court CR. MISC. No.85846 of 2019(2) dt.18-01-2020 2/2 Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of in 2nd Additional Sessions Judge, Banka, in Bandhua Kuraba PS Case No. 46 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T