Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33995 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== NIKHIL KUMAR Son of Shashi Bhushan Singh Resident of Village- Naga Tola Goraiya Asthan, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Special Case No. 3883 of 2020 arising out of Maner P.S. PR No. 25 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The case of the prosecution, as per the prosecution report is that 99 liters of illicit liquor was seized from behind the petitioner's house when the same was being concealed under heap of straw, by the excise officials. The petitioner was apprehended on the spot.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no criminal antecedent and the recovery cannot be said to have been made from the

Patna High Court CR. MISC. No.33995 of 2020(2) dt.21-12-2020 2/2 petitioner's possession as the same was done from a place beind the petitioner's house. On perusal of the prosecution report, it transpires that the petitioner was apprehended when he was found concealing illicit liquor under the heap of straw behind his house.

This application is, accordingly, rejected.

The petitioner shall be at liberty to renew his prayer for bail after three months.

(Chakradhari Sharan Singh, J) arun/- U