Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59462 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- PHULWARIYA District- Gopalganj ====================================================== Nitesh Kumar @ Nitish Kumar Son of Late Vijay Singh Resident of Village - Taruchak, Police Station - Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. There is recovery of 396 litres country made liquor from four motorcycles. Petitioner was apprehended on the spot and he disclosed the names of other escaped persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this cases on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. The seized motorcycle does not belong to the petitioner. Petitioner has no concern with the seized liquor. In fact, petitioner resides near the place of occurrence and only on the basis of suspicion, he was

Patna High Court CR. MISC. No.59462 of 2025(2) dt.11-09-2025 2/2 arrested. Charge sheet has already been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioner. Petitioner has two criminal antecedents of similar nature. Petitioner is in jail since 07.06.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioner 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 District and Sessions Judge XIII-cum-Special Judge Excise I, Gopalganj in connection with Phulwariya P.S. Case No.103 of 2025.

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