Patna High CourtCR. MISC./1373/2023bail granted

Nitish Kumar v. The State Of Bihar

2023-03-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1373 of 2023 Arising Out of PS. Case No.-714 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== NITISH KUMAR S/O KULDEEP YADAV @ KULDIP PRASAD YADAV Resident of village- Kodeya, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 21.11.2022 and is a person with clean antecedent.

The allegation is of recovery of 300 liters of liquor from three different vehicles.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case because he is owner of the motorcycle, it is next submitted that petitioner had come to police station after coming to know that the

Patna High Court CR. MISC. No.1373 of 2023(2) dt.04-03-2023 2/2 motorcycle was apprehended on the charges that a person was found carrying liquor who had fled but this aspect was not recorded in the FIR and when petitioner came to the police station he was arrested.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Fatehpur P.S. Case No. 714 of 2022.

(Satyavrat Verma, J) GauravSinha/- U T