Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83160 of 2023 Arising Out of PS. Case No.-533 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Nitesh Kumar Son Of Sajjan Mishra Resident Of Village- Khawra, Ward No. 21, Police Station- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of 535 litres of IMFL from a pick-up van and petitioner who was driving the said vehicle was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in question. He was unaware about the consignment loaded on the pick-up van and on direction of the owner, he was driving the

Patna High Court CR. MISC. No.83160 of 2023(2) dt.02-01-2024 2/2 said pick-up van. Petitioner is languishing in judicial custody since 10.10.2023.

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

Petitioner is directed to deposit Rs. 10,000/- (Rs. ten thousand) in the concerned DLSA.

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 Exclusive Special Excise Judge-I, Bhagalpur in connection with Excise (Naugachia) P.S. Case No. 533 of 2023. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U