Patna High CourtCR. MISC./16724/2019bail granted

Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

2019-03-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16724 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== NITESH KUMAR @ NITISH KUMAR Son of Shiv Shankar Ray, Resident of Village- Waini, P.S- Tajpur (Waini O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 17.280 litres of Indian Made Foreign Liquor were recovered from a motorcycle on which two persons namely Nitish Kumar, the petitioner and Anand Kumar were found travelling and were apprehended.

It is submitted by learned counsel for the petitioner that the petitioner is not the owner of the motorcycle in question and said recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court CR. MISC. No.16724 of 2019(2) dt.27-03-2019 2/2 any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the motorcycle on which the petitioner was found travelling along with co-accused Anand Kumar. Considering the fact that the prosecution case does suggest the actual owner of the vehicle in question has been ascertained, recovery has not been made from the conscious physical possession of the petitioner coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd ADJ-cum-Special Judge, Excise Act, Samastipur in connection with Tajpur (Waini O.P.) P.S. Case No.22 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T