Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8980 of 2023 Arising Out of PS. Case No.-647 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Nitish Kumar Son Of Mithilesh Mehta Resident Of Village- Kumarpur, Ward No.-04, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) Bihar Prohibition and Excise Amendment Act, 2018. It is a case of recovery of total 139 liters foreign made liquor which was recovered from a fodder house. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Nothing has been recovered from his conscious possession or from his house. The alleged seized liquor was

Patna High Court CR. MISC. No.8980 of 2023(2) dt.17-04-2023 2/2 recovered at village Rampur Dehru Ward No-9 and petitioner belongs to other village and he has no concern with co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 30.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise Case No 647 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cumSpecial Judge, Excise-II, Madhepura. (Sunil Kumar Panwar, J) Manish/- U T