Nitish Kumar Yadav @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82178 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== Nitish Kumar Yadav @ Rahul Kumar S/o Late Naresh Yadav @ Lakhan Yadav RO Village- Morchak, PS- Gorpa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sindhugarh PS Case No. 06 of 2024 instituted for the offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 350 litres of desi Mahua liquor and 120 kg mahua flowers was recovered from four motorcycles.

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

Patna High Court CR. MISC. No.82178 of 2024(2) dt.22-11-2024 2/2 that other co-accused namely, Shyamdeo Kumar disclosed the name of the petitioner. The motorcycles in question do not belong to the petitioner. The petitioner is in custody since 22.09.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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 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 Sindhugarh PS Case No. 06 of 2024.

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