Nitesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6742 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- TARAIYA District- Saran ====================================================== NITESH KUMAR SINGH Son of Late Kishnath Singh @ Krishna Nath Singh Resident of Village - Andharbari Dumari, P.S.- Taraiya, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Sanjana For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Taraiya P.S. case No. 61 of 2019 registered under Section 30/ 30(a)/38/41 of the Bihar Prohibition & Excise Act.

The police apprehended Dilip Rai and huge quantity of Indian made foreign liquor was recovered. Dilip Rai disclosed the name of the petitioner that petitioner is also his partner.

It is submitted that nothing has been recovered from the possession of the petitioner and there is no evidence on record to show that petitioner was selling liquor along with Dilip Rai. The petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.6742 of 2020(2) dt.11-06-2020 2/2 Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that nothing has been recovered from the possession of the petitioner and the petitioner has got no criminal antecedent, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Saran at Chapra in connection with Taraiya P.S. case No. 61 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T