Nikku Ram @ Nikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60784 of 2023 Arising Out of PS. Case No.-373 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Nikku Ram @ Nikki Kumar Son Of Bhagat Ram @ Suraj Ram Resident Of Village / Mohalla - Murarpur, Police Station - Korma, District - Sheikhpura And State Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 373 of 2023 instituted under Section 30 (a)/32/41 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 60 litres of country-made liquor was recovered near the Surdaspur pond.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion only. There is no recovery from the conscious possession of the petitioner and the petitioner was not apprehended on the spot. Petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.60784 of 2023(2) dt.11-10-2023 2/2
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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge, Sheikhpura in connection with Sheikhpura P.S. Case No. 373 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T