Patna High CourtCR. MISC./2378/2024bail granted

Nishant Kumar v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2378 of 2024 Arising Out of PS. Case No.-606 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== Nishant Kumar S/o- Ganesh Kumar Singh R/o Vill- Shankar Pura, Ward no03, P.S- Bharrahi O.P. Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Madhepura Excise P.S Case No. 606 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act 2018.

3. As per prosecution case, total 8 litre illicit Cought Syrup was recovered from the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.2378 of 2024(3) dt.29-02-2024 2/2 v petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the petition. It is also submitted that petitioner is in judicial custody since 15.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Addl. Sessions Judge VII cum Special Judge, Excise Act II, Madhepura in connection with Madhepura Excise P.S Case No. 606 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T