Patna High CourtCR. MISC./8392/2022bail granted

Niraj Kumar Sharthi v. The State Of Bihar

2022-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8392 of 2022 Arising Out of PS. Case No.-130 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

Niraj Kumar Sharthi Son Of Hujram Sarthi @ Dujram Sarthi @ Duj Ram R/O Village- Paharpur, P.S.- Rajgunj, District- Dhanbad (JHARKHAND) Pin- 828113 2.

Raj Kumar Turi Son Of Reetlal Turi R/O Village- Paharpur, P.S.- Rajgunj, District- Dhanbad (JHARKHAND) Pin- 828113 ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan, Advocate For the Opposite Party/s :

Mr.Nityanand, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case registered for the offence punishable under Section 30a and other section of the Bihar Prohibition and Excise Act.

As per the prosecution case, 193.5 liters foreign liquor was recovered from the vehicle of which petitioners are driver and cleaner respectively.

Learned counsel appearing for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been recovered from the possession of the petitioners and they are not concerned with the alleged recovery as being driver and cleaner

Patna High Court CR. MISC. No.8392 of 2022(2) dt.11-04-2022 2/2 they were only following the instruction of vehicle owner. Petitioners have got no criminal antecedent and they are in custody since 21.11.2021.

Considering the facts of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II cum Special Judge, Banka in Excise Complaint case no. 130 of 2021/Prohibition case no. 168 of 2021.

(Prabhat Kumar Singh, J) Shashi U T