Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42544 of 2023 Arising Out of PS. Case No.-147 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== Nitish Kumar Son Of Madan Singh Resident Of Village- Bulaki Bigha, PsKaler, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard both parties.

2. The petitioner apprehends his arrest in Mehandia PS Case No. 147 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Total 75 litres of country made liquor has been recovered from motorcycle.

4. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question. Petitioner has got no concern with the seized liquor.

5. Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got one criminal antecedent of similar nature.

Patna High Court CR. MISC. No.42544 of 2023(2) dt.03-08-2023 2/2

6. Considering the facts aforesaid and criminal antecedent of similar nature, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T