Nitesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.26770 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26770 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Nitesh Kumar Son of Shyam Kishore Singh, Resident of VillageDharampur, P.S.- Vaishali, District- Hajipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jitendra Narain Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.04.2017 in connection with Vaishali P.S. Case No. 107 of 2017 for the offences alleged under Sections 30(A)/32(2)/41(i) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 710 litres and 640 ml. of wine. It is further submitted that the petitioner is not the driver nor the owner of the vehicle nor of the goods in question and has no concern with the entire occurrence. The petitioner claims clean antecedents.

4. Considering however that the petitioner was apprehended at the spot and there is recovery of more than 710 litres of wine, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) Md. Ibrarul/- U T