Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64872 of 2025 Arising Out of PS. Case No.-298 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== 1.

Nitish Kumar son of Late Shravan Yadav Resident of village-Gulab Bagh Chowk, Police Station-Barh, District-Patna.

2.

Vikas Kumar @ Vikash Kumar Son of Pappu Yadav Resident of villageKajmuni Chak, Police Station-Barh, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case 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 a vehicle, altogether 475.2 liters of foreign liquor was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. They have been falsely implicated in this case. They have no concern

Patna High Court CR. MISC. No.64872 of 2025(2) dt.23-09-2025 2/2 with the alleged recovery. Petitioner no. 1 is the driver and the petitioner no. 2 is the co-passenger of the said vehicle. They have no knowledge regarding the said recovery of liquor. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 03.08.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Buxar Excise P.S. Case No. 298 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Spl. Excise Court No. 2, Buxar.

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