Nitish Kumar @ Nitish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53422 of 2025 Arising Out of PS. Case No.-288 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nitish Kumar @ Nitish Yadav S/o Rajaram Yadav Vill.- MasadhTola, PS - Udwantnagar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, there is recovery of 107 litres of country made liquor from the bush situated near the river.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Further submission is that the alleged recovery has been made from an open place easily accessible to anyone. Petitioner has no concern with the seized illicit liquor and place of occurrence. Nothing has been
Patna High Court CR. MISC. No.53422 of 2025(2) dt.18-08-2025 2/2 recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No. II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 288 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J) utkarsh/- U T