Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71097 of 2018 Arising Out of PS. Case No.-598 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== Nitish Kumar son of Satyanarayan Yadav, resident of village Sukmarpur Nagar Parisad, Police Station & District Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

Mr. Agreya Pratap, Adv.

For the Opposite Party/s :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 3.960 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case as the police party claims to have identified the petitioner while fleeing away. The petitioner is not known to the police party nor the police party is known to the petitioner. Hence the identification made by the police itself is doubtful. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.71097 of 2018(2) dt.30-11-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 3.960 liters wine is recovered from co-accused Balram Mandal. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Distt. & Sessions Judge IInd-cumSpecial Judge, Excise, Supaul in connection with Misc. Excise No.598 of 2018 arising out of P.R. No.38 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T