Nitesh Kumar Thakur @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23059 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== NITESH KUMAR THAKUR @ GOLU Son of Kailash Thakur Resident of Village-Rohua, P.S.-Warisnagar, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard Mr. Anirudh Kumar Sinha, learned counsel for the petitioner and Smt. Veena Kumari, Jaiswal, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Samastipur Excise Case No. 87 of 2020 registered for the offences punishable under Section(s) 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation against the petitioner is that the Excise Officials on the basis of secret information raided the house of the petitioner and recovered a total quantity of 15.840 litres of illicit foreign liquor.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.23059 of 2020(2) dt.08-09-2020 2/2 petitioner has not committed any offence in the manner alleged. Learned counsel further submits that the illicit liquor has not been recovered from inside the house whereas the same has been recovered from the open verandah situated outside the house of the petitioner. Learned counsel also submits that the petitioner is in custody since 7.3.2020 having clean antecedent. Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 7.3.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise, Samastipur, in connection with Samastipur Excise Case No. 87 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T