Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72052 of 2019 Arising Out of PS. Case No.-451 Year-2018 Thana- SUPAUL District- Supaul ====================================================== NITISH KUMAR Son of Subhash Yadav @ Subhash Kumar Yadav Resident of Ganesh Sthan, P.S.-Madhepura, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with S.T. Excise Case No. 567 of 2018 arising out of Supaul P.S. Case No. 451 of 2018 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. Nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern with the alleged recovery. Moreover, the petitioner is neither the driver nor owner of the vehicle in question which is evident from

Patna High Court CR. MISC. No.72052 of 2019(2) dt.04-02-2020 2/2 paragraph-2 of the supplementary affidavit filed by the petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioners in the event of his arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II -cum- Special Judge, Excise, Supaul in connection with S.T. Excise Case No.567 of 2018 arising out of Supaul P.S. Case No. 451 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) Brajesh/- U T