Patna High Court/53895/2021bail granted

Nitish Kumar v. The State Of Bihar

2021-12-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53895 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Nitish Kumar S/O Raj Kumar Prasad Resident Of Bihar Sharif, Gajipur, P.S.- Bind, District- Nalanda, At Present R/O Mohalla- Doctors Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Alamganj P.R. Case No.41 of 2021/ Special Case No.3535 of 2021, instituted for the offences under Sections 30(a), 32(1), 32(3), 41(1) and 42(2) of the Bihar Prohibition and Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is in custody since 11.06.2021, he is a person with clean antecedent and prosecution report has been submitted in this case.

Allegation is of recovery of 322.200 litre of liquor from Tata Safari of which the petitioner is alleged to be the driver.

Patna High Court CR. MISC. No.53895 of 2021(2) dt.24-12-2021 2/2 The learned counsel for the petitioner submits that petitioner, being the driver, was not aware what was being carried in the said car.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 11.06.2021, he is a person with clean antecedent and prosecution report has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Alamganj P.R. Case No.41 of 2021/ Special Case No.3535 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T