Patna High CourtCR. MISC./46514/2023bail granted

Nitesh Kumar Pandey v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46514 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- NAUTAN District- Siwan ====================================================== 1.

Nitesh Kumar Pandey, Son of Late Manan Pandey, Resident of VillageGangauli, P.S- Mashrakh, District- Saranat Chapra 2.

Kunal Kumar, Son of Birendra Ray, Resident of Village- Sikti, P.SMashrakh, District- Saranat Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Nautan P.S. Case No. 111 of 2023 dated 21.06.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioners are that the instant matter relates to the recovery of 150.240 litres of country made foreign liquor from a Wagon-R vehicle and petitioners are stated to have been apprehended at the spot but in actual the petitioners were present in the said vehicle as drivers when they were

Patna High Court CR. MISC. No.46514 of 2023(2) dt.28-07-2023 2/2 apprehended and they have fair and clean antecedent and they have no concern or connection with the alleged seized liquor.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioners' fair and clean antecedent and both the petitioners are stated to be drivers by profession, in my opinion, they deserve to the privilege of bail. Accordingly, let the petitioners named-above be enlarged on bail in connection with Nautan P.S. Case No. 111 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T