Nitin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22306 of 2021 Arising Out of PS. Case No.-311 Year-2020 Thana- KALYANPUR District- Samastipur ====================================================== NITIN KUMAR SON OF RAJESHWAR SINGH R/O VILLAGELADAURA, P.S.- KALYANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 41(i) (ii) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, a total of 240 bottles of liquor was recovered from the vehicle of the petitioner and the petitioner was taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession and he has been falsely implicated in the case because of his antecedent. It is further submitted that co-accused has been enlarged on bail. The petitioner is in custody since 24.12.2020 and charge sheet has been submitted in the case.

Patna High Court CR. MISC. No.22306 of 2021(2) dt.17-09-2021 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having an antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Prakash/- U