Patna High CourtCR. MISC./75404/2018bail granted

Neeraj Kumar And ANR v. The State Of Bihar

2018-12-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75404 of 2018 Arising Out of PS. Case No.-384 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Neeraj Kumar son of Subhash Prasad, Resident of VillageBaburbanna, Police Station- Parwalpur, District Nalanda. 2.

Rahul @ Nishant Ranjan son of Abhimanew Prasad, Presently residing at Village/Mohalla- Kamruddinganj, Police Station- Laheri, District Nalanda, Permanent address- Resident of Village/Mohalla- Gandhinagar, Police Station- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Ajeet Kumar For the Opposite Party/s :

Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Deepnagar P.S. Case No. 384 of 2018 instituted for the offence under Sections 30(a), 38 and 41 of Bihar Prohibition of Excise Act, 2016. From seizure list it appears that from Mahindra Scarpio vehicle total 267.84 liters of foreign liquor has been recovered from village Bijwan towards north side of Railway Phatak at N.H. 31.

In the written report petitioner No. 1 is said to be driver of the aforesaid Mahindra Scarpio vehicle. Petitioner No. 2 has been described as a person who managed to run away from the aforesaid vehicle.

Patna High Court Cr.Misc. No.75404 of 2018(2) dt.18-12-2018 2/2 Counsel for the petitioner submits that petitioner has no concern with the aforesaid foreign liquor. Petitioner No.1 is in custody since 31.10.2018 and petitioner No. 2 is in custody since 1.11.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District & Sessions Judge-cum-Special Judge, Excise, Nalanda, Biharsharif, in connection with Deepnagar P.S. Case No. 384 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T