Nikesh Kumar @ Nikesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37877 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== NIKESH KUMAR @ NIKESH KUMAR SAH Son of Late Nami Sah Resident of Village - Amarpura, P.S.- Mohammadpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sidhwaliya P.S. Case No. 350 of 2021 registered for the offence under Sections 272, 273, 414, 120(B)/34 of the I.P.C. and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 06.11.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 80 litres of IMFL/country made liquor from the alleged motorcycle.

Learned counsel appearing on behalf of the petitioner submitted that the alleged motorcycle from where illicit liquor

Patna High Court CR. MISC. No.37877 of 2022(2) dt.20-08-2022 2/2 was recovered is not connected in any manner with petitioner. It is further submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged motorcycle is not appear to be connected with petitioner from where recovery of illicit liquor was made coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sidhwaliya P.S. Case No. 350 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Gopalganj/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T