Nitish @ Nippa @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75515 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== NITISH @ NIPPA @ NITISH KUMAR Son of Bhagwat Singh R/o village - Baghi, P.S.- Karpurigram, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 387 litres of IMFL from bamboo orchard beside a pond.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. On the basis of suspicion, petitioner name has been dragged in the present case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in

Patna High Court CR. MISC. No.75515 of 2023(2) dt.29-11-2023 2/2 judicial custody since 25.09.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Samastipur in connection with Karpoorigram P.S. Case No. 60 of 2023.

(Sunil Kumar Panwar, J) sushma/- U