Patna High CourtCR. MISC./50770/2024bail granted

Nitish Kumar v. The State Of Bihar

2024-07-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50770 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Nitish Kumar, aged about 24 years, Male, son of Mantun Ray @ Mantu Ray, R/v- Dharampur Ps- Mohiuddin Nagar Dist-Samstipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar, Advocate For the Opposite Party :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mohiuddin Nagar P.S. Case No. 126 of 2024 dated 13.06.2024 registered for the offences punishable u/s 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 204.86 litres of illicit foreign liquor was recovered from the motorcycle and Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.50770 of 2024(2) dt.16-07-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 126 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T