Patna High CourtCR. MISC./65667/2025bail granted

Nitesh Kumar v. The State Of Bihar

2025-09-24Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65667 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- Excise P.S. District- Saran ====================================================== 1.

Nitesh Kumar S/O Chhathu Ram @ Chhathu Lal Ram R/O Vill.- Puchhari, P.S.- Baniyapur, Dist.- Saran 2.

Bunilal @ Bunni Lal S/O Shivjee Ram R/O Vill.- Bhatkeshari, Ward No.-14, P.S.- Jalalpur, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chetna, Advocate For the State :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sadar Excise @ Excise Sadar P.S. Case No. 171 of 2025 registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 22.5 litres of foreign liquor from a tempo.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they are in custody since 27.07.2025 and claim clean antecedent.

5. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.65667 of 2025(2) dt.24-09-2025 2/3 petitioners are ready to donate Rs. 20,000/- each in some charitable organization without accepting their guilt.

6. Learned APP appearing for the State opposes the prayer for bail of the petitioners.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the petitioners, let the petitioners, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Saran /concerned Court below in connection with Sadar Excise @ Excise Sadar P.S. Case No. 171 of 2025.

8. This is also subject to the condition that the petitioners shall deposit an amount of Rs. 20,000/- each in Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit House, Chapra and produce the receipts of the same before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness of the receipts produced by the petitioners.

9. As a condition of this order, the petitioner no. 1 and petitioner no. 2 after being released on bail are directed to mark their attendances at Baniyapur Police Station and Jalalpur Police

Patna High Court CR. MISC. No.65667 of 2025(2) dt.24-09-2025 3/3 Station respectively on first and third Sunday of the month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioners.

10. At the time of accepting bail bonds of the petitioners, the Court below will verify the criminal antecedent of the petitioners. If it is found that the petitioners have criminal antecedent, the Court below shall not accept the bail bonds of the petitioners and if it is found that the petitioners have clean antecedent, their bail bonds shall be accepted by the Court below.

(Sandeep Kumar, J) P. Kumar U T