Nitish Kumar Nirala @ Shri Nitish Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31081 of 2025 Arising Out of PS. Case No.-272 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Nitish Kumar Nirala @ Shri Nitish Kumar Nirala S/o- Ram Sundar Ray @ Ramsundar Village- Hakimabad Police station- Mufassil District-Samastipur 2.

Sujeet Kumar @ Sujit Kumar S/o- Devendra Roy @ Devendra Ray VillageJItwarpur Chauth Ps- Samastipur Mufassil Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Samastipur Mufassil P.S. Case No. 272 of 2024 dated 27.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 269.64 litres of illicit foreign liquor was recovered from the Scorpio vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Local Chowkidar disclosed the name of the petitioners. The petitioners are not the owner of the seized vehicle. Nothing

Patna High Court CR. MISC. No.31081 of 2025(2) dt.14-05-2025 2/2 has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no.1 has four criminal antecedents and the petitioner no.2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 20.03.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are 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, Samastipur in connection with Samastipur Mufassil P.S. Case No. 272 of 2024.

7. The application stands allowed.

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