Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63827 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Nitish Kumar Son of Bijendra Yadav Resident of Village - Simrahi, P.S. - Raghopur, District - Madhubani 2.

Jaydeep Kumar Son of Shivjee Ram Resident of Village - Kishanpur, P.S. - Kamaldeo Kishanpur, District - Supaul 3.

Prabhash Kumar Son of Siyalal Yadav Resident of Village - Belokhara, P.S. - Pipra, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 123 of 2024 dated 21.07.2024 registered for the offences punishable u/ss 274, 275 and 3(5) of Bhartiya Nyaya Sanhita and under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 360 litres of illicit nepali liquor kept in plastic sack was recovered from the Tata Safari Car.

4. Learned counsel for the petitioners have submitted

Patna High Court CR. MISC. No.63827 of 2024(2) dt.09-09-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the seized vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 22.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No. 123 of 2024.

7. The application stands allowed.

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