Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26655 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- MALI District- Aurangabad ====================================================== NANDAN KUMAR Son of Dashrath Mehta Resident of Village - Saya Parsa , P.S.- Mali, Distt.- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Adv.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 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.

As per the prosecution case, a total of 192 litres of liquor was recovered from a Maruti Suzuki car and it was stated that the two accused including the petitioner herein were working as a liner for delivery of the liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has no concern either with the vehicle from which the liquor was recovered nor with the seized article. He is in custody since 4.2.2021 and does not have an

Patna High Court CR. MISC. No.26655 of 2021(2) dt.26-11-2021 2/2 antecedent under the Bihar Prohibition and Excise Act, 2016. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Mali P.S. Case no.73 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 Additional District and Sessions Judge II-cum-Special Judge, Excise, Aurangabad. (Partha Sarthy, J) Saurabh/- U T