Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20091 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- RISIYAP District- Aurangabad ====================================================== Nikhil Kumar, Son Of Late Mithilesh Singh Resident Of Village - Kamabigha, P.S.- Aurangabad (Town), Distt.- Aurangabad. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey For the Opposite Party/s :

Ms. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 37(b) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 150ml of liquor from a Mahendra vehicle. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the petitioner came to be implicated as he is the owner of the vehicle. It is further submitted that the petitioner was completely unaware that the driver for the purposes of drinking,

Patna High Court CR. MISC. No.20091 of 2022(2) dt.29-07-2022 2/2 had kept the liquor in the car without his knowledge. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Risiup P. S. Case No.14 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T