Nitesh Yadav @ Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18770 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Nitesh Yadav @ Nitish Yadav S/o Ram Pravesh Yadav @ Rampravesh Chaudhary R/o village- Vishun Purva, P.O.- Sarsar, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Shahi For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Siwan Muffasil P.S. Case No. 42 of 2021, registered for the offence punishable punishable under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016.

234 litres of illicit liquor has been recovered from one Bolero vehicle.

It is submitted that no recovery has been made from conscious possession of this petitioner and he was not apprehended on the spot. Petitioner is neither owner nor driver of vehicle in question. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 06.03.2022 having

Patna High Court CR. MISC. No.18770 of 2022(2) dt.26-05-2022 2/2 no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-cum-Special Judge Excise-2, Siwan in connection with Siwan Muffasil P.S. Case No. 42 of 2021. (Prabhat Kumar Singh, J) vinita/- U T