Nitish Singh @ Nitesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15015 of 2025 Arising Out of PS. Case No.-281 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Nitish Singh @ Nitesh Kumar Singh S/O Paspati Singh R/o VillageBhagwanpur, P.S.- Kateya, District- Gopalganj 2.

Paspati Singh S/O Mukti Singh @ Utim Singh R/o Village- Bhagwanpur, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per F.I.R., total 251 liters of illicit country-made liquor has been recovered from bush and petitioners are alleged to have fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners have been implicated in this case only on suspicion. No incriminating article has been recovered from their conscious possession.

Patna High Court CR. MISC. No.15015 of 2025(2) dt.29-04-2025 2/2

5. However, learned A.P.P. for the State has opposed the bail petition and submitted that petitioner no. 2 has got criminal antecedent and he is accused in 12 cases of similar nature.

6. Considering the criminal antecedent of similar nature of petitioner no.2, his prayer for anticipatory bail is rejected.

7. So far as petitioner no. 1 is concerned, no incriminating article has been recovered from his possession and he has got clean antecedent, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner no. 1 namely Nitish Singh @ Nitesh Kumar Singh be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge IV cum Exclusive Special Excise Court - II, Gopalganj in connection with Gopalpur P.S. Case No. 281 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S., 2023.

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T