Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41362 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- TISIAUTA District- Vaishali ====================================================== NITESH KUMAR SON OF KAILASH PRASAD ROY VILLAGE MILKI JASPARHA P S TISIAUTA DISTRICT VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 271.455 liters of liquor from the hut of Mantesh Kumar.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a house which is a joint family property, as such, it cannot be alleged with certainty that
Patna High Court CR. MISC. No.41362 of 2023(2) dt.04-07-2023 2/2 it was the petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge and the petitioner, being brother of Mantesh, came to be implicated in a mechanical manner when admittedly he is a person with clean antecedent.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tisiauta P.S. Case No. 40 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T