Patna High CourtCR. MISC./48170/2023bail granted

Nitin Kumar v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48170 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== NITIN KUMAR SON OF SANJAY SINGH VILL MAUDAH CHATUR PS PATEPUR DISTRICT VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Patepur P.S. Case No. 148 of 2023 dated 14.06.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 108 litres of Indian made foreign liquor was recovered from a Scorpio Car and two motorcycles parked in front of the house of Manish Kumar.

Patna High Court CR. MISC. No.48170 of 2023(2) dt.08-08-2023 2/2

5. 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 possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the name of the petitioner was disclosed by the co-accused.

7. 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, Vaishali at Hajipur in connection with Patepur P.S. Case No. 148 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T