Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71461 of 2021 Arising Out of PS. Case No.-242 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== Nitish Kumar Son Of Ramji Singh Resident Of Village - Nasib Bigha P S - Narari Kala Khurd District - Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Aurangabad Muffasil P.S. Case No. 242 of 2021 instituted for the offences under Section 30(a) of the Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 27.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the allegation is of recovery of 1237.5 litres of liquor from a Bolero pickup van of which the petitioner is alleged to be the driver and it is alleged that at his instance, 30 litres of liquor was recovered from a poultry farm.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71461 of 2021(2) dt.28-02-2022 2/2 petitioner being the driver was not knowing what was loaded in the vehicle by the owner and after recovery of 30 litres liquor from the poultry farm of the named accused persons, the petitioner was implicated showing the recovery was at his instance Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.09.2021, is a person with clean antecedent and chargesheet has been submitted in the case, 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-II-cum-Special Judge, Excise, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 242 of 2021. (Satyavrat Verma, J) Rishi/- U T