Nitesh Raj Gupta @ Nishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10980 of 2022 Arising Out of PS. Case No.-405 Year-2021 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== NITESH RAJ GUPTA @ NISHU KUMAR Son of Krit Chandra Gupta @ Krishnachandra Gupta Resident of Behind of Namskar Hotel, P.S.- Madhubani Town, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act and Sections 272/273/34 of the IPC. 1061.580 liters of illicit wine has been recovered near a hotel and name of petitioner transpired during course of investigation.

It is submitted that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor Manager of the hotel in question.

However, learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail and submitted that petitioner has got one criminal antecedent of similar nature.

Patna High Court CR. MISC. No.10980 of 2022(3) dt.29-07-2022 2/2 Considering the fact that petitioner has got criminal antecedent of similar nature, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T