Nitish Kumar @ Nibba @ Nibha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46003 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Nitish Kumar @ Nibba @ Nibha Son of Bhagwat Singh Resident of village - Baghi, P.S.- Karpurigram, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Mahendra Pratap, Advocate For the State :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 31.335 litres illicit foreign liquor was recovered from Mango orchard.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. It is further submitted that
Patna High Court CR. MISC. No.46003 of 2025(2) dt.22-08-2025 2/2 charge-sheet has already been submitted and petitioner is in custody since 09.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Samastipur in connection with Karpurigram P.S. Case No. 28 of 2025. (Prabhat Kumar Singh, J) shashank/- U T