IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46092 of 2025 Arising Out of PS. Case No.-259 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Nitesh Patel @ Nitesh Kumar S/O Late Dashrath Patel R/O Village- Harpurkala Jangali Math Ward No.-6, P.S.- Majorganj, District- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Adv For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 05-08-2025 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Majorganj P.S. Case No. 259 of 2024 instituted for the offence under Section 30(a) of Bihar Prohibition & Excise Act and Section 317(5) of BNS 2023. 3. The case of the prosecution is that from an e- rickshaw all together 60 liters of Nepali country-made liquor was recovered. It is alleged that three bikers were also there. It is alleged that the petitioner is one of the biker. 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 case and nothing has been recovered from his possession. He is not concerned in any way with the e-rickshaw or the liquor. It Patna High Court CR. MISC. No.46092 of 2025(2) dt.05-08-2025 2/2 has also been submitted that petitioner has been framed in this case due to his criminal antecedent. 5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner has criminal antecedent of four cases. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall not indulge in similar nature of offences in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Majorganj P.S. Case No. 259 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C. krishnakant/- (Ashok Kumar Pandey, J) U T