Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45670 of 2025 Arising Out of PS. Case No.-399 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Nitish Kumar S/o Late Naresh Yadav Resident of Village- Badroi, PSMasaurhi, New PS- Lahsuna, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Prasad, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Barun Prasad learned counsel for the petitioner and Mrs. Veena Kumari Jaiswal, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Masaurhi P.S. Case No. 399 of 2018 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 45 liters of country made liquor was recovered near a nala.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the possession of this

Patna High Court CR. MISC. No.45670 of 2025(2) dt.05-08-2025 2/2 petitioner. His name has been surfaced in the secret information. It has also been submitted by learned counsel for the petitioner that petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Masaurhi P.S. Case No. 399 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-III, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T