Patna High CourtCR. MISC./23746/2020bail granted

Niraj Kumar @ Langra v. The State Of Bihar

2020-09-15Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23746 of 2020 Arising Out of PS. Case No.-282 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== NIRAJ KUMAR @ LANGRA Son of Shivnandan Sahani Resident of Village-Ward No.12, Sikandarpur Bandh Road, Kundal (Dadar), P.S.- Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. S.M. Rahman, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Town (Sikandrapur O.P) PS Case No. 282/2020 registered for the offence punishable under Sections 272, 273 of the IPC and 30(a), 41(1) of Bihar Prohibition and Excise Act 2016.

3. The allegation against the petitioner as per First Information Report is that the police during course of patrolling intercepted a scooty bearing Registration No. BR06-4739 and recovered total quantity of 82 litres of illicit liquor from the said scooty.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner has falsely been implicated in this case with oblique motive.

Patna High Court CR. MISC. No.23746 of 2020(2) dt.15-09-2020 2/2

5. Learned counsel referring paragraph-11 of the instant petition submits that the scooty in question does not belong to the petitioner and petitioner has got no criminal antecedent.

6. Learned counsel also submits that petitioner is in custody since 09.05.2020.

7. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and is under custody since 09.05.2020, I am inclined to grant regular bail to the petitioner.

8. Accordingly, let the petitioner, NIRAJ KUMAR @ LANGRA be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Town (Sikandrapur O.P) PS Case No. 282/2020.

9. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T