Nitin Garowa @ Nitin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70126 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- PIYAR District- Muzaffarpur ====================================================== 1.
Nitin Garowa @ Nitin S/o- Subhash Garowa @ Subhash R/v- Ram Gopal Colony Rohtak Marodi Jatan Ps- Urban Estate Rohtak Dist- Rohtak Haryana 2.
Lalit Dagar S/o- Late Somveer Singh R/v- Dhosha Ps- Najafgarh Dist- Outer Dist- Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad, Adv For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seeks bail in a case registered for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of BNS and section 30(a) of the Bihar Prohibition& Excise Amendment Act.
3. The case of the prosecution is that altogether 726 liters of foreign liquor was recovered from two vehicles.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. The petitioner no.1 is driver of the Scorpio vehicle and petitioner no. 2 was sitting in Tata Punch Car. It is further
Patna High Court CR. MISC. No.70126 of 2025(2) dt.07-10-2025 2/2 submitted that nothing has been recovered from possession of the petitioners. It has been submitted that from perusal of the seizure list, it will transpire that the witnesses are police personnel and the seizure list does not contain the signature of the petitioners. The petitioners are in custody since 05.08.2025 having no criminal antecedent.
5. The learned APP for the Stat vehemently opposes the prayer for bail of the petitioners.
6. Considering the fact and circumstances of the case and submissions of the parties, let the above named petitioners, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Muzaffarpur in connection with Piyar P.S. Case No. 133 of 2025.
(Ashok Kumar Pandey, J) N.K/- U T