The Court granted regular bail to the petitioner appearing as a co-passenger in a vehicle from which alcohol and mobile phones were recovered, directing furnishing of a bail bond with sureties.
Enlargement on bail with a bond of Rs. 20,000 and two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13565 of 2025
Arising Out of PS. Case No.-66 Year-2024 Thana- Mathurapur District- Samastipur
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Nil Kamal Sah Son of Gangag Prasad Sah Resident of Village- Bharpura, PSBibhutipur , District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Roy For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 09-04-2025
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Mathurapur P.S. Case No. 66 of 2024 dated 10.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 348 litres of beer and two mobile phones were recovered from the two cars.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the co-passanger of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.13565 of 2025(2) dt.09-04-2025 2/2
the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.01.2025.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Mathurapur P.S. Case No. 66 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner qualifies for regular bail in a case involving recovery of alcohol and mobile phones under the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Nil Kamal Sah
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
