Patna High CourtCR. MISC./30964/2025bail granted

Nitesh Kumar v. The State Of Bihar

2025-05-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30964 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Nitesh Kumar S/o Mohan Bin R/o Village- Chardariya, P.S.- Harsidhi, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case No. 124 of 2025 dated 03.03.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 60 litres of illicit country-made liquor was recovered from the bamboo orchard of the petitioner and the co-accused person.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has been sprung up in this case on mere suspicion. The recovery was made from an open

Patna High Court CR. MISC. No.30964 of 2025(2) dt.13-05-2025 2/2 place that was accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 124 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T