Nitesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31137 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== NITESH THAKUR SON OF SHIVJEE THAKUR R/O-BHAGWANPUR, P.S.-SAHEBGANJ, DISTT.-MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

Allegation is of recovery of 540 ml. of liquor from the shop of Suraj Kumar and 1.125 litres of liquor found near a canal.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession, even the alleged recovery is from Suraj Kumar and a place which is accessible to

Patna High Court CR. MISC. No.31137 of 2023(2) dt.19-05-2023 2/2 public at large and does not belong to the petitioner. It is further submitted that petitioner because of his antecedent came to be implicated by the villagers but then the name of the villagers was not recorded in the FIR which creates doubt with regard to the veracity of the allegation as alleged in the FIR. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sahebganj P.S. Case No. 04 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T