Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58895 of 2025 Arising Out of PS. Case No.-419 Year-2024 Thana- ROH District- Nawada ====================================================== Nitish Kumar Son of Kailash Yadav Village- Mahkar PS-Roh, Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Roh P.S. Case No. 419 of 2024 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.
3. There is recovery of 150 litre country made liquor from Manna Pond situated at village Mahakar. It is alleged that petitioner along with another co-accused fled away from the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of identification of local Chaukidar with whom petitioner has inimical term. Petitioner was not arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. Recovery has been made from an open place which is accessible to any one. Petitioner has no concern with the seized
Patna High Court CR. MISC. No.58895 of 2025(2) dt.10-09-2025 2/2 liquor. Charge-sheet has already been submitted after completion of the investigation. Petitioner has three criminal antecedents which do not belong to Excise Act. He is in judicial custody since 04.06.2025. He undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-02, Nawada in connection with Roh P.S. Case No. 419 of 2024.
(Sunil Dutta Mishra, J.) rakhi/- U T