Nawazish Nasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38987 of 2025 Arising Out of PS. Case No.-170 Year-2024 Thana- PALASI District- Araria ====================================================== Nawazish Nasim S/O Nasimuddin R/O Village- Dehti Dakhin, Ward no. 11, PS- Palasi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Palasi PS Case No. 170 of 2024 instituted for the offences under Section/s 30(a), 32(ii), 32(iii), 36 & 41(i) of the Bihar Prohibition and Excise Act and Section 307, 323, 341, 353 of the Indian Penal Code (for short 'IPC').
3.
The prosecution case, in short, is that 612 liters Nepali liquor was recovered from Scorpio.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.38987 of 2025(2) dt.23-06-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has sufaced in this case on the basis of disclosure made by apprehended co-accused. There is no allegation of Section 307 IPC against the petitioner. The petitioner is in custody since 14-04-2025 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palasi PS Case No. 170 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T