Nitish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14567 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- JALE District- Darbhanga ====================================================== Nitish Singh, S/o Satyendra Singh, R/o Village- Jogiyara, P.S.- Jalley, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binoy Kumar Singh, Adv.

For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner. No one appears for the State to oppose this application. Petitioner is seeking anticipatory bail in connection with Jalley P.S. Case No. 151 of 2018 registered for the offences punishable under Sections 30(a), 37(a), 37(b), 37(c), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the alleged illicit liquor has been recovered under a bridge at the instance of the co-accused Santosh Kumar Yadav. It is submitted that the petitioner has no criminal antecedent and no recovery has been made from the possession of this petitioner. The petitioner's name has come on the version of the said Santosh Kumar Yadav which is due to enmity and caste rivalry. In the given facts and circumstances of the case where

Patna High Court CR. MISC. No.14567 of 2019(2) dt.11-03-2019 2/2 it is the submission of the petitioner that he has no criminal antecedent and nothing has been recovered from his possession and there is no material to connect him in connection with the present case, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Session Judge cum Special Judge, Darbhanga in connection with Jalley P.S. Case No. 151 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T