Patna High CourtCR. MISC./19359/2024bail granted

Nitish Kumar v. The State Of Bihar

2024-03-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19359 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Nitish Kumar S/o Devanand Paswan @ Dewanand Paswan Resident village mai parasbana, P.S. - Khizersarai Dist Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Khizersarai P.S. Case No. 491 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 56 liters liquor was recovered from motorcycle and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that

Patna High Court CR. MISC. No.19359 of 2024(2) dt.14-03-2024 2/2 the petitioner is not the owner of the seized motorcycle. The petitioner is in custody since 01.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khizersarai P.S. Case No. 491 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T