Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84307 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- MAHUA District- East Champaran ====================================================== Nitesh Kumar S/O Dhurendra Patel @ Dhurendra Raut R/O village- Murtiya, P.S- Aadapur, District- East Chamaparan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mahuawa PS Case No. 31 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 264 litres of Nepali liquor was recovered from plastic sac. 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 that plastic sac does not belong to the petitioner. The petitioner is in custody since 15.10.2024 and has got one criminal

Patna High Court CR. MISC. No.84307 of 2024(2) dt.10-12-2024 2/2 antecedent. There is no compliance of Section 103 of B.N.S.S. 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 Mahuawa PS Case No. 31 of 2024.

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