Nivas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35957 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- PUNPUN District- Patna ====================================================== Nivas Kumar Son of Late Umesh Prasad Resident of Village - Chandachak, P.S.- Dhanarua, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Punpun P.S. Case No. 46 of 2021, registered for the offence punishable punishable under Section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

224 litres of country made liquor has been recovered from a stolen car and this petitioner was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. None has claimed or lodged any complaint against the said car. Petitioner is neither driver nor owner of vehicle in question. Petitioner is in custody since 18.02.2021 having no criminal antecedent, as stated in

Patna High Court CR. MISC. No.35957 of 2021(2) dt.10-12-2021 2/2 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 Special Judge Excise, Patna in connection with Punpun P.S. Case No. 46 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T