Navlesh Kumar @ Navlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76366 of 2024 Arising Out of PS. Case No.-476 Year-2024 Thana- HISUWA District- Nawada ====================================================== Navlesh Kumar @ Navlesh Yadav Son of Mahendra Prasad Yadav @ Mahendra Prasad @ Mahendra Yadav Resident of Village- Chitarghati, P.S.- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hisua P.S. Case No. 476 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that on the identification of one co-accused Bittu Kumar, altogether 90 liters of country made liquor was recovered from a bush. It is further alleged that he disclosed the name of the petitioner alleging him to be the one of the suppliers.

Patna High Court CR. MISC. No.76366 of 2024(2) dt.05-12-2024 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has further been argued by learned counsel for the petitioner that on the basis of confessional statement of Bittu Kumar, the name of this petitioner has surfaced in this case. Nothing has been recovered from the possession of this petitioner.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner is having criminal antecedent of similar nature of cases.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that he will not indulge in similar nature of cases in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hisua P.S. Case No. 476 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.76366 of 2024(2) dt.05-12-2024 3/3 learned Exclusive Special Excise Court-1, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C (Ashok Kumar Pandey, J) shubham/- U T