Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31019 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- DHANARUA District- Patna ====================================================== 1.

Nitish Kumar S/o- Kamlesh Kumar @ Kamlesh Prasad Village- Tehri Bigha PS-Kadirganj, Dist- Patna 2.

Sarvan Kumar son of Mithilesh Yadav @ Mithilesh Prasad Village- Mogal Bigha Ps- Pali dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Soni Kumari For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Dhanarua P.S. Case no.115 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of total 240 litre of illicit liquor from the possession of the petitioners. 4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioners and they have no concern with the

Patna High Court CR. MISC. No.31019 of 2024(2) dt.23-04-2024 2/3 alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioners are in custody since 02.03.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Dhanarua P.S. Case no.115 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-IInd Patna.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of the

Patna High Court CR. MISC. No.31019 of 2024(2) dt.23-04-2024 3/3 proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T