Nirdosh Kumar @ Nirdosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84020 of 2024 Arising Out of PS. Case No.-236 Year-2024 Thana- KHAJEKALA District- Patna ====================================================== Nirdosh Kumar @ Nirdosh Kumar Yadav Son of Sachitanand Rai @ Sachchidananda Ray Resident of Vill- Mittan Ghat Chauraha, P.S.- Khajekalan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases and allegation is of recovery of 105 litres of liquor from a Jute bag found near Mittan ghat. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of at the
Patna High Court CR. MISC. No.84020 of 2024(2) dt.06-12-2024 2/2 instance of local villagers but then the name of the person who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution. It is also submitted that since the petitioner has antecedent as such the police in a mechanical manner implicated and the petitioner is in custody since 15.10.2024.
4. Learned A.P.P. opposes the prayer for bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khajekalan P.S. Case No.236/2024.
(Satyavrat Verma, J) amit/- U T