Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35320 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- NADI P.S. District- Patna ====================================================== NIRANJAN SINGH Son of Late Balkesh Singh Resident of Village - Dhangardih (Tilkudih), P.S.- Patan, District - Palamu. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 1478 of 2021 arising out of Nadi P.S.Case No. 33 of 2021, registered for the offence punishable under Section 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Amendment Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and the petitioner is stated to be the driver of the truck. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.35320 of 2021(2) dt.14-12-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 28.2.2021. The learned counsel for the petitioner has further submitted that since the petitioner is admittedly the driver of the truck in question, he cannot be saddled with the liability of the recovery of the illicit liquor inasmuch as he was not knowing as to what consignment had been loaded on the truck.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.35320 of 2021(2) dt.14-12-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 1478 of 2021 arising out of Nadi P.S. Case No. 33 of 2021. (Mohit Kumar Shah, J) Ajay/- U T