Nikhil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62349 of 2025 Arising Out of PS. Case No.-478 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Nikhil Singh S/O Ajit Singh Resident of Village- Gudai, P.S.- Gouri Bazar, Distt-Deoria(U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Renuka Ratnakar (App.125) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Siwan Excise P.S. Case No. 478 of 2025 registered for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 336 litres of beer was recovered from the Scorpio vehicle of the petitioner who was apprehended from the spot.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. Though the petitioner is stated to be the owner of the vehicle but

Patna High Court CR. MISC. No.62349 of 2025(2) dt.22-09-2025 2/3 some person has taken lift in the vehicle who has been carrying beer in his possession and on seeing the police party, said person fled away from the spot and the petitioner was apprehended. Petitioner has no concern with the seized liquor. Petitioner is having no criminal antecedent and he is in custody since 26.07.2025.

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 clean antecedent of the petitioner as well as his period of custody, 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 Judge Excise-II, Siwan/concerned court in connection with Siwan Excise P.S. Case No. 478 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (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

Patna High Court CR. MISC. No.62349 of 2025(2) dt.22-09-2025 3/3 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