Neeraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10354 of 2018 Arising Out of PS.Case No. -192 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Neeraj Kumar Singh S/o Lalbabu Singh @ Lalu Singh, R/o VillageRasulpur, P.S.- Lalganj, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Lalganj P.S. Case No.192 of 2017 registered for the offence punishable under Sections 30(A), 32(2), 41(1) of the Bihar Prohibition of Excise Act, 2016.

The allegation is regarding recovery of 45 litres of illicit liquor from an Auto Rickshaw said to have been driven by the co-accused persons.

The learned counsel for the petitioner submits that neither the petitioner was travelling in the Auto Rickshaw nor Auto Rickshaw belongs to him, hence the petitioner has got nothing to do with the alleged antecedent. It is further submitted

Patna High Court Cr.Misc. No.10354 of 2018 (2) dt.27-02-2018 2/2 that the petitioner is having clean antecedent. Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise, Hajipur in connection with Lalganj P.S. Case No.192 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) N.H./- U T