Patna High CourtCR. MISC./84903/2023allowed

Nitish Kumar Yadav v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84903 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== NITISH KUMAR YADAV SON OF SATRUDHAN YADAV R/O VILLAGEKERBA, P.S.-SAHARGHAT, DIST.- MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 90 liters of illicit liquor behind the temple and the petitioner is said to have been fled away after seeing police party.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of secret information. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.84903 of 2023(2) dt.09-01-2024 2/2 place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.9.2023.

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

6. 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 released on bail in connection with Saharghat P.S. Case No. 125 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Special Judge-IICum-Special Judge, Excise Act, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T