Patna High CourtCR. MISC./67054/2023bail granted

Nitesh Singh v. The State Of Bihar

2023-10-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67054 of 2023 Arising Out of PS. Case No.-680 Year-2023 Thana- Excise P.S. District- Nawada ====================================================== 1.

NITESH SINGH SON OF JANKI SINGH RESIDENT OF VILLAGETISARI, P.S.- TISARI, DISTRICT- GIRIDIH (JHARKHAND) 2.

SANJEET KUMAR SON OF KARU SINGH RESIDENT OF VILLAGETISARI, P.S.- TISARI, DISTRICT- GIRIDIH (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard the learned counsel for the petitioners and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioners seek bail in connection with Excise P.S. Case No. 680 of 2023 registered for the offence under Sections 30(a), 56(2)(ii) of the Bihar Prohibition and Excise Act, 2016.

4. As per the prosecution case, 9.750 liters of beer and foreign liquor was recovered from the motorcycle of the petitioners.

5. Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.67054 of 2023(2) dt.17-10-2023 2/2 petitioners are falsely been implicated in this case only on the basis of suspicion and nothing has been recovered from the conscious possession of the petitioners.

6. Learned counsel for the petitioners also submits that the petitioners have no criminal antecedents and they are in custody since 23.08.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 02, Nawada in connection with Excise P.S. Case No. 680 of 2023. (Sandeep Kumar, J) Vikas/- U T