Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55023 of 2025 Arising Out of PS. Case No.-236 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== Nitish Kumar S/o Satish Singh R/o Village- Jagatpura, P.S.- Matihani, District- Begusarai, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh, Adv For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Kharik P.S. Case No. 236 of 2022 registered for the offences under Sections 420, 467, 468 and 120(B) of the Indian Penal Code and Sections 30 (a), 36, 32 and 41 of the Bihar Prohibition and Excise Act.
3. The petitioner is named in the F.I.R. and is in custody since 24.05.2025.
4. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 724.5 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner disclosed in the present case by apprehended accused person and he was not arrested on spot, therefore, it can be safely gathered that recovery of illicit liquor was not made from the conscious physical possession of this petitioner. It is further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police
Patna High Court CR. MISC. No.55023 of 2025(2) dt.19-09-2025 2/2 personnel. While concluding the argument it is submitted that petitioner found involved in two more cases, where he is on bail and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as mentioned above and by taking note of fact as prima-facie recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner, coupled with the fact as petitioner is in custody since 24.05.2025, accordingly, petitioner, above named, is directed to be released on bail in connection with Kharik P.S. Case No. 236 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special, Excise Judge-01, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T