Santosh Kumar Nirala @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85278 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- EXCISE UDAKISHUNGANJ DistrictMadhepura ====================================================== Santosh Kumar Nirala @ Munna Son of Sukhdev Yadav Resident of Village - Paharpur (Parahpur), Ward No. 15, P.S. - Patarghat, District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Rashmi, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 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 section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 150 liters of country made liquor was recovered from two bikes and only this petitioner was apprehended.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the alleged motorcycle does not belong to the petitioner. He has got no criminal antecedent. It is further submitted that the petitioner
Patna High Court CR. MISC. No.85278 of 2024(2) dt.07-01-2025 2/2 is languishing in judicial custody since 24.09.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udakishunganj Excise P.S. Case No. 189 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII-cum-Special Judge Excise-II, Madhepura.
(Ashok Kumar Pandey, J) Sudhanshu/- U T