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Patna High CourtCR. MISC./58698/2025allowed

Nandkesh Prasad @ Nankesh Prasad v. The State Of Bihar

2025-09-10Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58698 of 2025 Arising Out of PS. Case No.-343 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Nandkesh Prasad @ Nankesh Prasad S/o Late Rajvanshi Prasad, Resident of Village- Khap Makudpur, PS- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate.

For the Opposite Party/s :

Ms. Asha Kumari, 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 Excise P.S. Case No.343 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 171 litre country made liquor from the boat. It is alleged that three persons tried to flee away from the spot on seeing the police but on chase petitioner was apprehended.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is neither owner of the boat nor he has any concern with the alleged seized liquor.

Patna High Court CR. MISC. No.58698 of 2025(2) dt.10-09-2025 2/2 Learned counsel submits that petitioner works a labour. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is in custody since 10.06.2025, having clean antecedent. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-IV-cum-Exclusive Special Judge, Excise Court-II, Gopalganj in connection with Excise P.S. Case No.343 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T