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2025 DAILYLAW 40182 (PAT)

Nitish Kumar v. The State of Bihar

CR. MISC./29515/2025 · 2025-05-08

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29515 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1 . Nitish Kumar Son of Lakshman Yadav R/O- Dighwa PS- Baikunthpur, District Gopalganj 2. Vikas Kumar Son of Bali ray R/O- Dighwa PS- Baikunthpur, District -Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar , Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 08-05-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act. 3 . It is alleged that 22.680 liters of illegal liquor was recovered from the bush . 4. It is submitted that the petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion . No incriminating material has been recovered from the conscious possession of these petitioners and they are no way connected with the aforesaid recovery . Petitioner No. 1 Patna High Court CR. MISC. No.29515 of 2025(2) dt.08-05-2025 2/2 has got 1 criminal antecedent of similar nature in which he is on bail and petitioner No. 2 claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition . 6. Considering the facts of the case , in the event of arrest/surrender within eight weeks from today, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge – XIII – cum special Excise Court No. I , Gopalganj in connection with Baikunthpur Police Station Case No. 48 of 2025 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure Koushik/- (Prabhat Kumar Singh, J) U T