Nitish Kumar @ Nitish Yadav@Nitish Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46595 of 2024 Arising Out of PS. Case No.-249 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== NITISH KUMAR @ NITISH YADAV@NITISH KUMAR YADAV SON OF LATE KISHORI YADAV VILLAGE- MAL BIGHA, PS- NOORSARAI, DIST- NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 Heard Mr. Manoj Kumar learned counsel for the petitioner and Mr. Umeshanand Pandit, learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 4 liter country made liquor has been recovered from bank of river Panchane.
4. It is submitted by learned counsel appearing on behalf of the petitioner that noting has been recovered from the conscious possession of this petitioner and he has been made an accused in this case merely on suspicion. It is further submitted
Patna High Court CR. MISC. No.46595 of 2024(2) dt.13-08-2024 2/2 that petitioner has got one criminal antecedent of similar nature in which he is already on bail.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that nothing has been recovered from the conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District & Sessions Judgecum-Special Judge, Excise-II, Nalanda, in connection with Noorsarai P.S. Case No. 249 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T