Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60945 of 2025 Arising Out of PS. Case No.-196 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Nitish Kumar S/O Niranjan Yadav, Resident of Bari Ballia, P.S.- Ballia, Dist.- Begusarai, Permanent Add.- Vill.- Gorgama Kasinpur, P.S.- Gorgama, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ballia P.S. Case No. 196 of 2023, instituted under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3. On secret information, police party conducted raid in the Village Kasba and arrested two persons who disclosed that petitioner managed to flee away from the spot. On search 15 litre illicit liquor was recovered from the Chaur situated in the aforesaid village.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by the co-accused. Petitioner was not present on the spot. Nothing has been

Patna High Court CR. MISC. No.60945 of 2025(2) dt.23-09-2025 2/2 recovered from the conscious possession of the petitioner. Recovery of illicit liquor has been made from an open place. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

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

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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, Begusarai in connection with Ballia P.S. Case No. 196 of 2023, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T