Patna High CourtCR. MISC./63167/2025allowed

Nitesh Kumar @ Nitish Kumar @ Nehal v. The State Of Bihar

2025-09-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63167 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- UCHKAGAON District- Gopalganj ====================================================== Nitesh Kumar @ Nitish Kumar @ Nehal S/O Ramashish Sah Resident of Village - Amtha Bhuwan, P.S. - Uchkagaon, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mr. Nagendra Prasad, learned APP for the State.

2. The petitioner has prayed for bail in connection with Unchkagaon P.S. Case No. 149 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from two bikes, altogether 459 liters of country-made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is not the owner of the alleged bike. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.63167 of 2025(2) dt.22-09-2025 2/2 possession of the petitioner. He further submits that the petitioner is languishing in judicial custody since 08.05.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of nine cases out of which, two cases are of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-XII-cum-Special Judge Excise-I, Gopalganj in connection with Unchkagaon P.S. Case No. 149 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T