Patna High CourtCR. MISC./4806/2025bail granted

Nitish Kumar v. The State Of Bihar

2025-01-31Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4806 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Nitish Kumar, S/O Late Kishori Yadav, R/O Village- Malbigha, P.SNoorsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Noorsarai P.S. Case No. 210 of 2024, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, police received secret information about six persons manufacturing and selling country made liquor. A raid was conducted at the identified place and six persons fled away from the spot. On search of the place, recovery of 205 litres of country made chulai liquor and the implements for manufacturing the illicit liquor were made. On inquiry from the villagers and chowkidar, name of the petitioner was disclosed as the person who fled away from the

Patna High Court CR. MISC. No.4806 of 2025(2) dt.31-01-2025 2/3 spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. Recovery has been made from an abandoned place. The petitioner has been named in this case merely on suspicion. No offence under Bihar Prohibition and Excise Act is made out against the petitioner. The petitioner is having antecedent of five cases in which he is on bail. The petitioner is in custody since 13.12.2024.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that no recovery has been shown from the petitioner and further considering the lack of substantive material to connect the petitioner with the offence as alleged and further considering the period of custody of the petitioner, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-

Patna High Court CR. MISC. No.4806 of 2025(2) dt.31-01-2025 3/3 Special Judge Excise-II, Nalanda at Biharsharif/concerned court in connection with Noorsarai P.S. Case No. 210 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be the close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T