Nimajuddin @ Nimajuddin Miya @ Nizamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4071 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- TARAIYA District- Saran ====================================================== Nimajuddin @ Nimajuddin Miya @ Nizamuddin S/O Abid Husain Resident of Village- Babnauli, P.S.- Basantipur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Taraiya PS Case No. 390 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 211.14 litres of foreign liquor was recovered from Bolero. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized car and he has no knowledge regarding the nature of goods kept in the vehicle.

Patna High Court CR. MISC. No.4071 of 2025(2) dt.13-02-2025 2/2 The petitioner is in custody since 12.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya PS Case No. 390 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T