Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4453 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- MOKAMAH District- Patna ====================================================== NITESH KUMAR S/o Indubhushhan Singh Resident of - Braham Sthan Ke Paa, Bichla Tola Ward - 6, Seonar, P.S. Mokamah, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-05-2022 Heard both sides.

The petitioner apprehends his arrest in Mokamah P.S. Case No.94 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely being the owner of the scooty. It is further submitted that nothing has been recovered from possession of the petitioner or from his scooty rather the alleged recovery has been made from the waist of apprehended accused. He also submits that there is no statement of apprehended accused regarding involvement of the petitioner in the alleged offence. The petitioner has got no criminal antecedent.

Having considered the above facts and circumstances

Patna High Court CR. MISC. No.4453 of 2022(2) dt.06-05-2022 2/2 of the case, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Special Judge, Excise, Patna in connection with Mokamah P.S. Case No.94 of 2021 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T