Niranjan Singh @ Guru Ji @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33654 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- BIKRAM District- Patna ====================================================== NIRANJAN SINGH @ GURU JI @ NIRANJAN KUMAR Son of Late Dayal Singh Resident of Village - Baghakol, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indra Mohan Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Bikram P.S.Case nO.49 of 2019 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case discloses that the police official received confidential information of carrying huge quantity of liquor on which he saw a Toyata vehicle coming and when he tried to stop the vehicle two persons fled away from the vehicle as well as from the vehicle 319.500 ltrs. of foreign liquor has been recovered and it is stated that the petitioner succeeded in fleeing away.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.33654 of 2019(4) dt.02-08-2019 2/2 that in this case neither he is driver nor owner of the vehicle and except suspicion that he was also present there, there is absolutely nothing against him and nobody has identified him. He has no criminal antecedent.

Heard learned A.P.P. , who has opposed the prayer for bail but could not point out any statement of the witnesses to show that the petitioner was present at the place of occurrence except suspicion.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Excise Judge, Patna in connection with Bikram P.S.Case no.49 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T