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Patna High CourtCR. MISC./2791/2021dismissed

Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

2021-07-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2791 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- KATHAIYA District- Muzaffarpur ====================================================== Nitish Kumar @ Nitesh Kumar, aged about 25 years, male, Son of Raghunath Rai, Resident of Village- Thatiya, P.S. - Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-07-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Kathaiya P.S. Case No. 36 of 2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Notwithstanding the fact that a meager amount of liquor has been recovered from the hut of the petitioner, I am not inclined to grant him the privilege of anticipatory bail.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

Patna High Court CR. MISC. No.2791 of 2021(2) dt.22-07-2021 2/2 However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

The application stands dismissed.

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