Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15870 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- BEUR District- Patna ====================================================== NITISH KUMAR Son of Suman Prasad Resident of Village- Balapar, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., a total of 120 litres of country liquor was recovered from the tempo and the petitioner who made an attempt to escape, was caught. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case, he has no criminal antecedent and is in custody since 6.12.2020. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.15870 of 2021(2) dt.06-08-2021 2/2 Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.7494 of 2020 (arising out of Beur P.S. Case no. 358 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Bibhash U