Nishi Kant Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58680 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- FULKAHA District- Araria ====================================================== Nishi Kant Kumar Yadav Son of Janardan Yadav Resident of Village - Shankarpatti Ward No.-04, Police Station - Chatapur, District- Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Fulkaha P.S. Case No. 52 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. He has no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to have in possession of 810 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced out of confessional statement of co-accused Pradeep Kumar, where in furtherance of said confessional statement, no incriminating

Patna High Court CR. MISC. No.58680 of 2024(2) dt.30-08-2024 2/2 material appears to be recovered from conscious physical possession of the petitioner as to connect him prima-facie with the present recovery of illicit liquor. It is submitted that petitioner is a man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the facts and circumstances of the case as except suspicion out of confessional statement of coaccused, no incriminating material prima-facie appears to be recovered from possession of this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-cum-Special Judge, Excise-II, Araria/concerned court in connection with Fulkaha P.S. Case No. 52 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T