Dismissed¶18

Nitish Kumar v. The State of Bihar

Patna HC24 Jul 2024CR. MISC./44044/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.44044 of 2024, decided 24-07-2024 by Prabhat Kumar Singh, J. Anticipatory bail application of Nitish Kumar arising out of PS Case No. 497/2023, Thana Baisi, District Purnia, under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, dismissed; 106.875 litres of country made foreign liquor recovered from vehicle registered in petitioner's name; registered-owner liability emphasised despite claim that vehicle was lent to Dara Yadav.

What did the court decide?

Considering the facts and circumstances, the nature of accusation, and the huge quantity of liquor recovered from a vehicle of which the petitioner is the registered owner, the prayer for grant of anticipatory bail to the petitioner is rejected. ¶18

Nitish Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44044 of 2024

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Arising Out of PS. Case No.-497 Year-2023 Thana- BAISI District- Purnia

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======================================================

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Nitish Kumar S/o Umakant R/o Harihar Tola, P.S.-Alam Nagar, DistrictMadhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ajit Kumar Singh, Advocate For the State : Mr. Narsingh Tanti, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 24-07-2024

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Heard learned counsels for the parties.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.

¶13

As per prosecution case, 106.875 litres country made foreign liquor has been recovered from a vehicle of which this petitioner is registered owner.

¶14

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely because he happens to be registered owner of the vehicle in question. No incriminating article has been recovered from the conscious possession of this petitioner. It is further submitted that at the relevant point of time, the vehicle was given to one Dara Yadav as he has some personal work and

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Patna High Court CR. MISC. No.44044 of 2024(2) dt.24-07-2024 2/2

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without the knowledge and consent of this petitioner, the vehicle was being used for transportation of illicit liquor.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor has been recovered from a vehicle of which this petitioner is registered owner and he cannot escape from the responsibilities.

¶18

Considering the aforesaid facts and circumstances, nature of accusation and huge quantity of liquor that has been recovered from a vehicle of which this petitioner is registered owner, the prayer for grant of anticipatory bail to the petitioner is rejected.

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(Prabhat Kumar Singh, J)

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shashank/-

¶21

U T

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

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Nitish Kumar v. The State of Bihar

Case brief

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