Patna High CourtCR. MISC./2848/2023bail granted

Niraj Kumar v. The State Of Bihar

2023-03-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2848 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== NIRAJ KUMAR S/O KAMESHVAR SINGH Resident of Village- Dubhuki, P.O. Ariaon, P.S.- Krishnabrahm, District- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 7.38 liters of foreign liquor has been recovered from a motor cycle bearing registration No. BR44N- 9186.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither driver nor owner of the vehicle in question. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.2848 of 2023(2) dt.28-03-2023 2/2 Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Excise Special Judge-I, Buxar in connection with Koransarai PS case No. 118/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T