Patna High Court
CR. MISC./68832/2022 of NIKESH KUMAR Vs THE STATE OF BIHAR on 24 December 2022
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68832 of 2022 Arising Out of PS. Case No.-272 Year-2022 Thana- AMBA District- Aurangabad ====================================================== Nikesh Kumar S/O Mahavir Yadav resident of village- hathbor, p.s.- Amba, District- Aurangabad.
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24-12-2022
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.68832 of 2022
Arising Out of PS. Case No.-272 Year-2022 Thana- AMBA District- Aurangabad ======================================================
Nikesh Kumar S/O Mahavir Yadav resident of village- hathbor, p.s.- Amba,District- Aurangabad. (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHAORAL ORDERHeard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a periodof four weeks from today.
The petitioner seeks bail in connection with AmbaP.S. Case No. 272 of 2022 registered for the offence underSection 30(a) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is incustody since 03.11.2022.
The allegation against the petitioner is to be engagedin illegal trading/manufacturing of illicit liquor, where, therewas recovery of 9.75 litres of illicit IMFL/country made liquor.
Learned counsel appearing on behalf of the petitionersubmitted that as one scuffle took place with police personnels,the petitioner was falsely implicated in present case. It is further submitted that seizure list appears doubtful, being not supportedby independent witnesses, rather by Bihar HomeguardPersonnels. It is also submitted that as petitioner foundinvolved in 2 more criminal cases out of suspicion arises fromsaid criminal antecedents, petitioner named in present case also.While concluding the argument, it has been submitted thatinvestigation of this case is completed, for which charge-sheethas been submitted, as such, there is no chance of tamperingwith the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentionedabove, as seizure list appears doubtful being not supported byindependent witnesses coupled with the fact that charge-sheethas been submitted, let the petitioner, above named, is directedto be released on bail in connection with Amba P.S. Case No.272 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees TenThousand) with two sureties of the like amount each to thesatisfaction of learned Special Judge, Excise-I, Aurangabad(Bihar)/concerned Court, subject to the conditions as mentionedunder Section 437(3) of the Cr.P.C., with further condition:
(i) Thataccused/petitionershall
Archana/-
UT
cooperate in the trial and shallbe physically present on eachand every date before thelearned Trial Court tillconclusion of the trial andexemption from physicalappearance be allowed by thelearned Trial Court, only onmedical ground of thepetitioner, duly supported by thedocuments.
(Chandra Shekhar Jha, J)