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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24358 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== NIKHIL KUMAR @ NIKHIL KUMAR SINGH Son of Anil Kumar @ Anil Kumar Singh Resident of Village - Chechar, P.S.- Bidupur, District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Bidupur PS Case No. 206/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

95.385 litres of illicit liquor has been recovered from Diyara which was thrown by the three accused persons upon seeing the police and the accused persons succeeded in fleeing away.

Learned counsel for the petitioner submits that the petitioner has not committed offence in the manner alleged and he has falsely been implicated in this case on the basis of disclosure of his name by the farmers. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. It is next submitted that similarly situated

Patna High Court CR. MISC. No.24358 of 2022(2) dt.25-05-2022 2/2 accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide Annexure-2 and 2/A. The petitioner is in custody since 01.04.2022 and there is no likelihood that the petitioner will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted anticipatory bail by a Bench of this Court vide Annexure-2 and 2/A, the petitioner is in custody since 01.04.2022 and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1-cumADJ, Vaishali at Hajipur in connection with Bidupur PS Case No. 206/2021.

(Anil Kumar Sinha, J) perwez U T