Niraj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18095 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== NIRAJ KUMAR DAS, Male, aged about 20 years, SON OF KANHAIYA DAS RESIDENT OF VILLAGE - BABUPALI (PALIMOHAN), P.S. - KHAJAULI, DISTT. - MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Keoti P.S. Case No. 06 of 2023 dated 03.01.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 270 litres of illicit Nepali liquor and the same is stated to have been recovered from a car and as per the prosecution's allegation the petitioner was arrested from the said car with the alleged wine while performing his duty as a driver on the seized vehicle but he had no knowledge about the

Patna High Court CR. MISC. No.18095 of 2023(2) dt.09-05-2023 2/2 loaded wine and he has been languishing in jail since 04.01.2023. Further submissions are that the petitioner is a very young person and though against him, there are criminal antecedents of nine cases but out of them, he has been acquitted in four cases and he is on bail in rest of the cases of his antecedents and in the present matter, the investigation has been completed against him.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's young age, the completion of investigation against him and his custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released after framing of charge, if the same has not been framed on bail in connection with Keoti P.S. Case No. 06 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T