Patna High CourtCR. MISC./66683/2023bail granted

Nitish Kumar v. The State Of Bihar

2023-10-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66683 of 2023 Arising Out of PS. Case No.-963 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== NITISH KUMAR S/O ARJUN PASWAN R/O VILLAGE- GURARU, P.SGURARU, DISTT.- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and Mr.Parmanand Prasad learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 24.05.2023 in connection with Excise P.S. Case No. 963 of 2023 registered for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 100 litres of countrymade liquor from the vehicle.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case merely on the basis of suspicion. He further submits that the petitioner has no concern with the alleged recovery of illicit liquor. It is submitted that the petitioner is not the owner or driver of the vehicle from which recovery has been made. Petitioner has no criminal

Patna High Court CR. MISC. No.66683 of 2023(2) dt.16-10-2023 2/2 antecedents.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court, No. 3, Gaya, in connection with Excise P.S. Case No. 963 of 2023.

(Sandeep Kumar, J) Saif/- U T