Nitin Ranjan @ Chhotu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83195 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Nitin Ranjan @ Chhotu Thakur S/O Sudhir Thakur Village- Tiswara, Ps. Tajpur (HALAI O.P.), Dist.Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(i), 41(ii) of the Bihar Prohibition & Excise Act. There is recovery of 936 litres of illicit Indian made foreign liquor from different vehicles.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been roped in

Patna High Court CR. MISC. No.83195 of 2023(2) dt.04-01-2024 2/2 the present case only on the basis of confessional statement of co-accused Gunjan Kumar. The petitioner has no concern either with the seized vehicles or the illicit liquor. The petitioner is languishing in custody since 21.09.2023. Similarly situated several co-accused persons have been granted bail by this court and co-ordinate Benches of this Court.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 65 of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T