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Patna High CourtCR. MISC./8777/2023allowed

Niraj Kumar v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8777 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Niraj Kumar Son Of Veni Sahani Resident Of Village - Charkoriya, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273, 414/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 200.740 litres of I.M.F.L. from different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicles in question. The name of the petitioner has been disclosed in this case by local chowkidar.

Patna High Court CR. MISC. No.8777 of 2023(2) dt.03-05-2023 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 22.12.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Court No. II, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 495 Of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T