Nitish Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8747 of 2022 Arising Out of PS. Case No.-6 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== Nitish Kumar @ Munna Son of Satyanarayan Patel @ Satyanarayan Roy Resident of Village - Baikunthpur Brahanda, P.S. - Ujiyarpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 06 of 2020 (Excise G.R. No. 28 of 2020) registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

The accused/petitioner is named in the F.I.R. and is in custody since 27.12.2021.

It is alleged that accused/petitioner alongwith other

Patna High Court CR. MISC. No.8747 of 2022(2) dt.07-06-2022 2/3 co-accused person involved in the business of illicit foreign liquor and there was recovery of 881.235 liters. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in this case. It is further submitted that nothing incriminating has been recovered from physical possession of the petitioner.

Learned APP appearing on behalf of the State fairly conceded that nothing incriminating has been recovered from the physical possession of the petitioner.

Considering the facts and circumstances as mentioned above and as nothing incriminating has been recovered from the physical possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Ujiyarpur P.S. Case No. 06 of 2020 (Excise G.R. No. 28 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 learned Special Excise Court-I, Samastipur, subject to the following condition:

"That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing the State shall

Patna High Court CR. MISC. No.8747 of 2022(2) dt.07-06-2022 3/3 be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner."

(Chandra Shekhar Jha, J) Ankit/- U T