Nitesh Kumar @ Dimple Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9941 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Nitesh Kumar @ Dimple Tanti S/O Late Sattan Tanti R/O Village And P.SJagdishpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Yadav For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024 1.

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

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 37 of the Bihar Excise Act.

2.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 30 litres of liquor from the backside of the shop of Munni Devi.

3.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is adjacent to the shop of Munni Devi, who is mother of the petitioner and being son he came to

Patna High Court CR. MISC. No.9941 of 2024(2) dt.28-02-2024 2/2 be implicated when petitioner admittedly is a person with clean antecedents.

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 trial court 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 trial court where the case is pending/successor court in connection with Special Excise Case No. 3285 of 2023 arising out of Jagdishpur PS Case No. 286 of 2023, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T