Niro Singh @ Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48368 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== NIRO SINGH @ NIRANJAN SINGH Son of Sahdev Singh Resident of Village - Khakhri, P.S. - Kashichak, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, a total of 1574.25 litres of IMFL was recovered from a truck and the two accused namely Santosh Prasad and Bhishan Kumar were arrested. On enquiry, they disclosed the names of the owners as Raj Kumar Sao and Banti Yadav and further stated about the involvement of two other accused persons including the petitioner herein. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. Neither was he arrested at the spot

Patna High Court CR. MISC. No.48368 of 2021(2) dt.16-02-2022 2/2 nor any incriminating article has been recovered from his possession. He is in custody since 15.6.2021 and chargesheet has been submitted in the case. It is submitted by learned counsel for the petitioner that a supplementary affidavit has been filed stating therein about the error committed in paragraph no.3 of the petition as the petitioner has an antecedent under the Bihar Prohibition and Excise Act, 2016.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with chargesheet having been submitted, the Court directs the petitioner to be enlarged on bail in connection with Kashichak P.S. Case no.101 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II-cum-Special Judge, Nawada.

(Partha Sarthy, J) Saurabh/- U T