Nirmal Gope @ Nirmal Gop v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27932 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai ====================================================== Nirmal Gope @ Nirmal Gop, Male, aged about 35 years, Son of Gopal Gope @ Gopal Gop, Resident of village-Damodarpur, Ward No.- 111, Bhojudih, P.S.- Chandan Kiyari (Chandan Kyari), District - Bokaro (Jharkhand) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Manjhaul Excise P.S. Case No. 30 of 2025 dated 10.03.2025 registered for the offences punishable under Sections 30(a) and 30(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, total 1330.560 litres of foreign liquor was recovered from the Truck and 36 litres of foreign liquor was recovered from the Balino car.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.27932 of 2025(3) dt.03-07-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case. The petitioner is the driver of the said Truck in question from which 1330.560 litres of foreign liquor was recovered. The petitioner had no knowledge that the illegal liquor was loaded on the said Truck. The petitioner has no concern with the alleged seized liquor. No incriminating article has been recovered from his possession. It is further submitted that the other co-accused person Vishwanath Mahto @ Bishwanath Mahto has already been granted bail by a Bench of this Court in Cr. Misc. No. 29598 of 2025 vide order dated 07.05.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 10.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Begusarai in connection with Manjhaul Excise P.S. Case No. 30 of 2025.
Patna High Court CR. MISC. No.27932 of 2025(3) dt.03-07-2025 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T