Patna High CourtCR. MISC./50195/2025bail granted

Nitish Kumar v. The State Of Bihar

2025-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50195 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Nitish Kumar S/O Narayan Yadav Village- Kanaudi, P.S.- Wazirganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

Ms. Varsha Verma, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 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 Wazirganj P.S. Case No. 140 of 2025 dated 12.03.2025 registered for the offences punishable u/ss 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered near the pond.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been

Patna High Court CR. MISC. No.50195 of 2025(2) dt.29-07-2025 2/2 made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.05.2025.

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, Gaya in connection with Wazirganj P.S. Case No. 140 of 2025.

7. The application stands allowed.

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