Patna High CourtCR. MISC./23986/2020bail granted

Nitish Kumar Sharma @ Nitesh Kumar Sharma v. The State Of Bihar

2020-09-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23986 of 2020 Arising Out of PS. Case No.-192 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== NITISH KUMAR SHARMA @ NITESH KUMAR SHARMA S/o- Rambalak Sharma Resident of Village- Khajoori, Purab Tola, P.S.- Kuchaikote, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Dinesh Singh, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Kuchaikote PS Case No. 192/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation against the petitioner as per First Information Report is that the police intercepted the motorcycle of the petitioner and recovered total quantity of 33.640 litres of illicit liquor from the same.

4. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been

Patna High Court CR. MISC. No.23986 of 2020(2) dt.18-09-2020 2/2 implicated in this case with oblique motive. Learned counsel referring to para-10 of this petition, submits that the petitioner is not the owner of the said motorcycle. Learned counsel further submits that petitioner is in custody since 03.06.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is not the owner of the said motorcycle and is in custody since 03.06.2020, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, NITISH KUMAR SHARMA @ NITESH KUMAR SHARMA be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Kuchaikote PS Case No. 192/2020.

7. 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) perwez U T