Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52886 of 2023 Arising Out of PS. Case No.-532 Year-2022 Thana- MASAUDHI District- Patna ====================================================== NITISH KUMAR Son of Awadhesh Prasad Resident of village - Khainiya, P.s. - Bhagwanganj, Distt. - Patna at present resident of vill - Shivand Chak, Near Middle School, P.S. - Bhagwanganj, Distt. - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dipak Kumar For the Opposite Party/s:
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No.532 of 2022, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018.
3. Altogether 30 liters of country made liquor is said to have been recovered from the room of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely
Patna High Court CR. MISC. No.52886 of 2023(2) dt.19-08-2023 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of secret information. He further submits that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 02.10.2022 passed in Cr. Misc. No.62443 of 2022. Petitioner has one criminal antecedent of similar nature of offence.
5. Learned APP for the State opposed the prayer for grant of bail.
6. Having regard to the facts and circumstances of the case as the recovery has been made from the room of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected.
7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T