Patna High CourtCR. MISC./55625/2025allowed

Nitesh Kumar @ Nitesh Rai v. The State Of Bihar

2025-08-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55625 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Nitesh Kumar @ Nitesh Rai S/o Lal Kishun Rai @ Balkishun Ray R/o Village - Bichla Balua (East Balua), P.S - Doriganj, District - Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 50 litres of illicit liquor was recovered from the jute sack which was allegedly thrown by this petitioner and co-accused on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. Further submission is that there is no recovery from the conscious possession of the petitioner. The alleged recovery of illicit liquor has been made from an open place which is easily accessible to public. Petitioner has no

Patna High Court CR. MISC. No.55625 of 2025(2) dt.20-08-2025 2/2 concern with the place of occurrence or seized illicit liquor. Petitioner has clean antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 16.06.2025 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-P.O., Exclusive Special Excise Court No.3, Saran at Chapra in connection with Doriganj P.S. Case No.39 of 2024.

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