Patna High CourtCR. MISC./55504/2024bail granted

Nitish Kumar @ Banti v. The State Of Bihar

2024-08-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55504 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Nitish Kumar @ Banti, Male, aged about 26 years, Son of Vidya Nand Yadav, Resident of Village- Masuria, P.S.- Sarsi District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the FIR, total 439.95 liters of foreign liquor has been recovered from the maize field.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner and the name of the petitioner figured on the basis of self confessional statement of the petitioner in another case and he is in custody since 05.04.2024.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.55504 of 2024(2) dt.02-08-2024 2/2 bail of the petitioner.

6. In the facts and circumstances of the case and similarly situated co-accused person namely Tafejul @ Md. Tafejul @ Mohammad Tafejul has been granted bail by this Court in Cr. Misc. No. 50164 of 2024 vide order dated 23.07.2024, let the above named petitioner be released 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 Act, Court No. (01), Purnea in connection with K. Nagar P.S. Case No. 136 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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