Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10143 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Nitish Kumar Son of Ram Lakhan Mahto Resident Of Village- Kanu Bishunpur, Police Station- Bishunpur, District- Samastipur ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hayaghat P.S. Case No.92/2023 registered for the offence punishable under Sections 30(a), 32(ii) and 41(i)(ii) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5413 litres of liquor from a truck, 103.68 litres from a pick up van and 69.12 litres from another pick up van. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and petitioner is a businessman and he came to be implicated based on the fact that one of the pick up van, which was seized belongs to him. It is next submitted that no prudent businessman would use his own vehicle for

Patna High Court CR. MISC. No.10143 of 2024(2) dt.29-02-2024 2/2 committing an occurrence and thus would create evidence against himself and hence would get implicated and thus would bring disrepute to the business. It is further submitted that the petitioner was completely unaware that the driver of the pick up van would misuse the vehicle in the manner as alleged.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1 (Excise Act), Darbhanga in connection with Hayaghat P.S. Case No.92/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T