Nikhil Kumar @ Nikhil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20916 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- EXCISE BAGHA District- West Champaran ====================================================== Nikhil Kumar @ Nikhil Kumar Yadav S/O Nawal Yadav R/O VillageBankatwa, Ward No. 20, P.S- Bagaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bagaha Excise P.S. Case No. 35 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 15 litres of IMFL/country made liquor.

4. It is submitted by learned counsel appearing

Patna High Court CR. MISC. No.20916 of 2025(2) dt.23-04-2025 2/3 on behalf of the petitioner that recovery of alleged illicit liquor was made from husk store, which is located behind the house of this petitioner and accessible by general public. It is submitted that recovery not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of the fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly above-named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran /concerned Court, where the case is pending in connection with Bagaha Excise P.S.

Patna High Court CR. MISC. No.20916 of 2025(2) dt.23-04-2025 3/3 Case No. 35 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

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