Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23521 of 2023 Arising Out of PS. Case No.-306 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Nitish Kumar Son of Late Mohan Chauhan Resident of Village - Gobindpur, P.S.- Phulwarisharif, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Special Case No. 2021 of 2023 arising out of Excise (Prohibition) Patna P.S. Case No. 306 of 2023 dated 23.02.2023 registered for the offences punishable under Sections 30(a) and 56(b) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 150 litres of illicit country-made wine and the same is alleged to have been recovered from petitioner's scooty but infact, at the time of alleged recovery an altercation took place between this petitioner and police officials and thereafter the alleged wine was planted in the petitioner's vehicle to harass this petitioner

Patna High Court CR. MISC. No.23521 of 2023(2) dt.12-05-2023 2/2 and two police officials have been shown as witnesses of the seizure and accordingly there is no independent witness of the alleged recovery and moreover, the petitioner has fair and clean antecedent and he has been languishing in jail since 24.02.2023 and against him the investigation has been completed. 4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Excise (Prohibition) Patna P.S. Case No. 306 of 2023. (Shailendra Singh, J) Shahnawaz/- U T