Patna High CourtCR. MISC./68875/2023allowed

Nitish Kumar v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68875 of 2023 Arising Out of PS. Case No.-634 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Nitish Kumar Son Of Dinesh Yadav Resident Of Village - Rasula, Police Station - Kako, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 201.9 liters of country made liquor from a pick-up van and this petitioner is said to be a liner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with seized liquor. A statement has been made in

Patna High Court CR. MISC. No.68875 of 2023(2) dt.18-10-2023 2/2 para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohania P.S. Case No. 634 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-1st-cum-ADJ-IV, Kaimur at Bhabua.

(Sunil Kumar Panwar, J) shubham/- U T