Nirmal Singh @ Nirmal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12813 of 2025 Arising Out of PS. Case No.-231 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Nirmal Singh @ Nirmal Yadav S/o Munsi Yadav @ Munni Yadav VillDahiyar (Rampur Tola) PS-Sasaram Muffasil, Disrtict-Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chhote Lal Mishra For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sasaram (M) P.S. Case No. 231 of 2018 dated 04.02.2018 for the offence/s punishable u/s 414 of the I.P.C. and sections 30(a), 34 and 38 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 80 litres of illicit country made liquor was recovered from the three different motorcycles and the two sacks.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The apprehended person disclosed
Patna High Court CR. MISC. No.12813 of 2025(2) dt.05-03-2025 2/2 the name of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle. The other co-accused persons have already been granted anticipatory bail by this court vide order dated 21.02.2024 passed in Cr. Misc. No. 8703/2024. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 231 of 2018.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T