Nitish Kumar @ Satyam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35581 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Nitish Kumar @ Satyam Son of Late Subodh Singh Village Sakhmohan Ps Bibhutipur District Samastipur ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 308 of 2022/Excise G.R. No. 591 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 02.03.2023.
4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 441 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.35581 of 2023(3) dt.04-08-2023 2/3 petitioner submitted that petitioner was not apprehend on spot and his name appears on the basis of suspicion raised by local Chaukidar. It is further submitted that similarly situated coaccused Prabhash Chandra has already granted anticipatory bail by one of the learned co-ordinate Bench of the Court through Cr. Misc. No. 55242 of 2022 vide order dated 28.11.2022. While concluding the argument, it has been submitted that petitioner found involved in 11 more criminal cases, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above, and by taking note of the fact as alleged illicit liquor not appears to be recovered from conscious physical possession of this petitioner coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 02.03.2023, accordingly, above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 308 of 2022/Excise G.R. No. 591 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.35581 of 2023(3) dt.04-08-2023 3/3 Special Excise Judge-I, Samastipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T