Nitesh Kumar @ Nitesh Ray @ Pannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35868 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== NITESH KUMAR @ NITESH RAY @ PANNU Son of Ashok Ray Resident of - Ward No. 13, Near Garhara Holt, Bihat Nagar Parisad, Garhara, P.S.- Barauni (Garhara O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2021 Heard both sides.

The petitioner apprehends his arrest in Barauni (Garhara O.P.) P.S. case No. 46/2020 registered under Section 30 (a) of the Bihar Prohibition & Excise Act. The police after having received secret inputs that Ranjeet Paswan had kept liquor in his house raided the house of Ranjeet Paswan and recovered 823.56 liters of foreign liquor. The petitioner is not named in the FIR.

The learned counsel for the petitioner submits that name of the petitioner surfaced in the case during the course of investigation in the confessional statement of Ranjeet Paswan. Save and except confessional statement of Ranjeet Paswan there is no material to show the involvement of the petitioner. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.35868 of 2020(2) dt.05-04-2021 2/2 petitioner.

Taking into consideration the facts that police got inputs about keeping of liquor in the house of Ranjeet Paswan and house of Ranjeet Paswan was raided and from there 823 liters of foreign liquor was recovered but Ranjeet Paswan is said to have disclosed the name of the petitioner and others that they are also involved in the illegal trade of illicit liquor but save and except the confessional statement there is no material against the petitioner and the petitioner has got no criminal antecedent, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum- Special Judge, Excise Act, Begusarai in connection with Barauni (Garhara O.P.) P.S. case No. 46/2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T