Patna High CourtCR. MISC./29124/2020bail granted

Niraj Kumar Tiwari v. The State Of Bihar

2020-12-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29124 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== NIRAJ KUMAR TIWARI, Son of Surendra Kumar Tiwari, Resident of Mohalla - Nandpuri, Bhagwanpur, P.S.- Sadar, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) and 41(1) of the Bihar Liquor Prohibition and Excise Act, 2016. As per the prosecution case, 84 liters of foreign liquor has been recovered from Swift car and petitioner is the registered owner.

It is submitted on behalf of the petitioner that liquor has not been recovered from this petitioner and without his consent/knowledge, illicit liquor was being carried by the driver. Petitioner has got clean antecedent as stated in paragraph no.3 of the petition.

Patna High Court CR. MISC. No.29124 of 2020(2) dt.03-12-2020 2/2 Learned counsel for the State, on the other hand, opposes the prayer for bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran in Rivilganj Police Station Case No. 90 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Ankit/- U T