Nikesh Kumar @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39577 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== NIKESH KUMAR @ MUKESH KUMAR Son of Sahindra Rai @ Sahindra Roy Ganga Prasad, Amarpur, P.S.- Barauni, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-01-2022 Heard the learned counsel appearing for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barauni P.S. Case No. 82 of 2021 for the offence punishable under Sections 414, 467, 468 and 120(B) of the Indian Penal Code and Section 30(A) of the Bihar Excise (Prohibition) Act, 2016. The allegation is regarding recovery of 738 litres of illicit foreign liquor from a pick up van and three miscreants including the petitioner are stated to have been arrested from the spot. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 01.03.2021. It is further submitted that neither the illicit liquor nor the pick up van belongs to the petitioner and this fact has categorically been stated in paragraph no. 9 of the

Patna High Court CR. MISC. No.39577 of 2021(2) dt.28-01-2022 2/2 present petition. It is also submitted that the petitioner has been falsely implicated in the present case merely on suspicion. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that the petitioner has categorically stated in the present petition that he has got no connection either with the illicit liquor or the vehicle in question, apart from the fact that he is having a clean antecedent and no illicit liquor has been recovered from his conscious possession, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail 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 Act), Begusarai in connection with Barauni P.S. Case No. 82 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T