Prince Kumar @ Nitish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37010 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- SARAI District- Vaishali ====================================================== PRINCE KUMAR @ NITISH RAJ S/o Jawahar Prasad Sharma Resident of Vill.-Akbar Malahi, P.S.-Sarai, District-Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sarai P.S. Case no. 84 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Prosecution case relates to recovery of 34.740 litres from the house of co-accused Jawahar Sharma, who is the father of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner's parents are arrested on spot. He has got no criminal antecedent. Petitioner has no concern with the alleged

Patna High Court CR. MISC. No.37010 of 2022(2) dt.23-09-2022 2/2 recovery. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sarai P.S. Case no. 84 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. 2, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U