Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40904 of 2020 Arising Out of PS. Case No.-271 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== NITISH KUMAR SON OF ABADH BAITH RESIDENT OF VILLAGELALBANDI WARD NO. - 1, P.S.- SONBARSA, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Case no. C2-271/20 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 36 litres of nepali saufi wine was recovered from possession of the petitioner while a total of 230 litres of illicit liquor was recovered. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from person or possession of the petitioner, who has been falsely implicated in the case. He is in custody since 19.7.2020, chargesheet has been

Patna High Court CR. MISC. No.40904 of 2020(2) dt.10-02-2021 2/2 submitted in the case and he has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Case no. C2-271/20 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi. (Partha Sarthy, J) sushma/- U T