Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71157 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- SANGRAMPUR District- Munger ====================================================== 1.
Nikhil Kumar S/o Late Kamlesh Ray R/o vill - Nikaspur, P.S.- Tajpur, Distt.- Samastipur, Bihar 2.
Raja Kumar S/o Rajendra Ray R/o vill- Dadpur, P.s.- Moffussil, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners seek regular bail in a case registered under Sections 318(4), 317(5) of the B.N.S. and Sections 30(a)/32 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, during search, a Bolero pickup was stopped. The driver of the vehicle tried to escape but he was apprehended. On interrogation, he confessed that the said vehicle contained illicit liquor belonged to the persons sitting in the Scorpio vehicle which was following the Bolero pickup. It is further alleged that on seeing the police, the persons sitting in the Scorpio vehicle tried to flee away but they were
Patna High Court CR. MISC. No.71157 of 2025(2) dt.08-10-2025 2/3 apprehended and on search, total 463.32 litres illicit liquor was recovered from the two vehicles.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case on the basis of confessional statement of driver of the Bolero pickup. Nothing has been recovered from conscious possession of the petitioners. The petitioners have no concern either with the vehicles or the seized liquor. Petitioners were only travelling in the Scorpio vehicle but they had no knowledge about the seized liquor kept in the Scorpio. There is no independent witness of the seizure list. Charge sheet has been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioners. Petitioners are in jail since 06.07.2025 having no criminal antecedent and they undertake to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.71157 of 2025(2) dt.08-10-2025 3/3 Court concerned, Munger in connection with Sangrampur P.S. Case No.113 of 2025.
(Sunil Dutta Mishra, J) Harish/- U T