Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83427 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Nitish Kumar S/o Mahesh Choudhari Resident of Village- Haleem Tola, PSBudhariya, Dist- siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sripur PS Case No. 128 of 2024 instituted for the offences under Sections 317(5) of B.N.S and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 99.360 litres of foreign liquor was recovered from Bolero. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the vehicle in question and he has

Patna High Court CR. MISC. No.83427 of 2024(2) dt.05-12-2024 2/2 no knowledge regarding the nature of goods laden in the vehicle. The petitioner is in custody since 25.07.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sripur PS Case No. 128 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T