Nitish Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39765 of 2021 Arising Out of PS. Case No.-513 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== NITISH KUMAR SAH Son of Surendra Sah @ Surendra Gupta Resident of Village- Ekderwa, P.S.- Gopalganj Town, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Gopalganj Town P.S. case No.513/20 registered under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2320 liters spirit is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no

Patna High Court CR. MISC. No.39765 of 2021(2) dt.21-10-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the semi constructed building belonging to the joint family of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2320 liters spirit is recovered from the semi constructed building belonging to the joint family of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II-cum-Special Judge, Excise, Gopalganj in connection with Gopalganj Town P.S. case

Patna High Court CR. MISC. No.39765 of 2021(2) dt.21-10-2021 3/3 No.513/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T