Nishikant Kumar @ Nishikant Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20667 of 2025 Arising Out of PS. Case No.-33 Year-2022 Thana- BHIMPUR District- Supaul ====================================================== Nishikant Kumar @ Nishikant Kumar Yadav son of Janardan Yadav, R/oShankar Palti, Ward No. 4, P.S Rajeshwari, District-Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 30(a)/41(1) of Bihar Prohibition and Excise Act.
3. As per F.I.R., 1260 liters of Nepali Sofi liquor was recovered from pick-van.
4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the conscious possession of petitioner and has been implicated in this case only on suspicion. Petitioner is neither owner nor driver of the seized vehicle. Owner of the vehicle has already been granted bail. Criminal antecedent report dated 02.06.2025 submitted by Superintendent of Police, Supaul which is on record, reveals that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.20667 of 2025(4) dt.22-07-2025 2/2 petition.
6. Considering the aforesaid facts & circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Supaul, in connection with Bhimpur P.S. Case No. 33/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023.
(Prabhat Kumar Singh, J) Saif/- U T