Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47329 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- BAISI District- Purnia ====================================================== NIRAJ KUMAR Son of Ram Shankar Rai @ Rama Shankar Ray Resident of Village - Senduari, P.S.- Motipur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Baisi PS case no. 177 of 2021 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and Sections 30(a), 41, 47 of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 774 liters of illicit liquor from a truck and the petitioner is stated to be the driver of the said truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 22.06.2021. The learned counsel for the petitioner, by referring to paragraphs no. 7 and 8 of the present

Patna High Court CR. MISC. No.47329 of 2021(2) dt.28-02-2022 2/3 petition, has further submitted that the petitioner had been engaged on daily wages as a driver by the owner of the truck for the purposes of driving the truck in order to deliver the consignment loaded upon the same, hence it is submitted that the petitioner was not aware about the contents of the consignment loaded on the said truck.

Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also considering the fact that the petitioner is merely the driver of the truck in question, he is having a clean antecedent and is languishing in custody since 22.06.2021, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise, Purnea in connection with Baisi PS case no. 177 of 2021. (Mohit Kumar Shah, J) rinkee/- U T

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