Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37552 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- AIRPORT District- Patna ====================================================== Nitish Kumar, aged about 19 years, male, S/o Faku Roy, R/o VillageMaudahi ( Katesar), P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2021 Heard the learned Advocate for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Hawai Adda P.S. Case No. 260 of 2019, dated 25.05.2018, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It appears from the F.I.R. that a person fell down from the motorcycle and from the search of the vehicle, 25 litres of Mahuwa liquor was recovered.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.37552 of 2020(2) dt.09-04-2021 2/2 that he had parked his motorcycle before a shop and when he came back, he did not find his vehicle. Later, the vehicle was found in police custody and the petitioner was made to understand that he has been made accused in this case for carrying liquor.

The petitioner does not have criminal antecedents. Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Hawai Adda P.S. Case No. 260 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T