Nitesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66313 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Araria Sangram District- Madhubani ====================================================== Nitesh Kumar Singh S/o Ram Ekbal Singh @ Ramekbal Singh, R/o VillageLawani, P.S - Arariya Sangram, District- Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with GR No. 382 of 2025, arising out of Arariya Sangram P.S. Case No. 41 of 2025, dated 19.06.2025, registered for the offences punishable under Sections 274 and 275 read with Section 3(5) of the BNS and under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 3.00 litres of illicit foreign liquor and 18 litres of illicit Nepali country made liquor were recovered from behind the grocery shop near cattle and straw house.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.66313 of 2025(2) dt.24-09-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that the grocery shop in question belongs to the elder brother of the petitioner who was arrested from the spot. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. He lastly submits that petitioner carries two criminal antecedents out of which one is of similar nature and he is on bail in both the cases.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and the grocery shop in question does not belong to this petitioner, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Jhanjharpur, Madhubani, in connection with Arariya Sangram P.S. Case No. 41 of 2025, subject to the
Patna High Court CR. MISC. No.66313 of 2025(2) dt.24-09-2025 3/3 conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Ajit Kumar, J) Shahnawaz/- U T