Nitish Kumar @ Nitish Kumar Singh @ Miku Singh @ Niku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70342 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== NITISH KUMAR @ NITISH KUMAR SINGH @ MIKU SINGH @ NIKU SINGH S/o Suresh Singh R/o village- Kendui, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Adv.

For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Magadh Medical P.S. Case No. 43 of 2018, registered under Sections 30(a), 38(1)(2), 41(i) and 47 of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about keeping the liquor by Srinivas Sharma in Magadh Colony, Gaya, the informant, along with other police personnel, reached there from where three bottles, each containing 750 ml, two bottles, each containing 375 ml,one open bottle, containing 250 ml Indian made foreign liquor and several empty cartons and

Patna High Court CR. MISC. No.70342 of 2019(2) dt.04-02-2020 2/2 bottles recovered. On query, Srinivas Sharma disclosed the name of the petitioner and one Pintu Sharma saying that the bottles of liquor are being supplied by them. Submission is that the name of the petitioner surfaced in the confessional statement of co-accused, Srinivas Sharma. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Magadh Medical P.S. Case No. 43 of 2018 shall be released 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 the Special Judge, Excise, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T