Nitish Kumar @ Aakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85798 of 2024 Arising Out of PS. Case No.-913 Year-2024 Thana- BIHTA District- Patna ====================================================== Nitish Kumar @ Aakash Kumar Son Of Surendra Yadav R/O- Hiramanpur Pakri Police Station -Amhara , District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunit Kumar Srivastava, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Bihta PS Case No. 913 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 150 liters country made liquor was recovered from tempo. 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. Petitioner is neither the owner nor the driver of the tempo in question. The
Patna High Court CR. MISC. No.85798 of 2024(2) dt.17-12-2024 2/2 petitioner is in custody since 28-09-2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
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, clean antecedent of the petitioner 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta PS Case No. 913 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T