Patna High CourtCR. MISC./39639/2023bail granted

Nishant Kumar v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 39639 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nishant Kumar son of Janak Yadav. Village- Ward no-12, Sandalpur PSSahebpur Kamal Dist-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Pritish Kumar Lal, learned counsel appearing on behalf of the petitioner and Ms. Pushpa Sinha No.1, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Sahebpur Kamal P.S.Case No.230 of 2022, registered for the offences punishable under Section 30(a) of Bihar Excise Prohibition Act, 2018.

3. As per the allegation made in the FIR, the police raided and recovered total 45 ltr. of country-made illicit liquor from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is named in the FIR, however, it is alleged that he managed to flee away from the place of

Patna High Court CR. MISC. No. 39639 of 2023(3) dt.18-10-2023 2/2 occurrence at the time of conducting of raid. Petitioner has one criminal antecedent in which he is on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and considering the nature of allegation of recovery of 45 ltr. of country-made illicit liquor, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Begusarai in connection with Sahebpur Kamal P.S.Case No.230 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U