Patna High CourtCR. MISC./64132/2025bail granted

Nikku @ Nikku Kumar @ Nishant Kumar v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64132 of 2025 Arising Out of PS. Case No.-340 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Nikku @ Nikku Kumar @ Nishant Kumar S/O Dhananjay Kumar @ Dhananjay Sharma @ Dhananjay Chaudhary R/O Village- Dadpur, Ward No.- 01, P.S- Bhagwanpur, District- Begusarai, Bihar- 851133. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Teghra P.S. Case No. 340 of 2020 registered on 08.11.2020 for the offences under Sections 414 of the Indian Penal Code and Sections 30(a) and 40(1)(2) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of 771.120 litres of India made foreign liquor was made from a pickup van and two co-accused persons were apprehended who disclosed the name of this petitioner and stated that this liquor belonged to this petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No. 64132 of 2025(2) dt.23-09-2025 2/3 falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. The name of the petitioner transpired in this case on the basis of confessional statement which has got no legal sanctity. The vehicle from which liquor has been seized, does not belong to this petitioner. Petitioner never indulged in the trade of illicit liquor. Petitioner is having antecedent of 4 cases and he is on bail in all such cases. Petitioner is in custody since 28.07.2025.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of this petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai/concerned court in connection with Teghra P.S. Case No. 340 of 2020, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

Patna High Court CR. MISC. No. 64132 of 2025(2) dt.23-09-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T