Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37659 of 2026 Arising Out of PS. Case No.-237 Year-2026 Thana- EXCISE MASAUDHI District- Patna ====================================================== Niraj Kumar, Son of Umesh Ray, R/o- Ramjichak, P.S.- Digha, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 237 of 2026 registered for the alleged offence under Sections 30(a) & 32(3) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, the petitioner and other coaccused were found transporting 160 liters of country made liquor in a CNG Auto.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is neither the owner nor the driver of the Auto and he was arrested merely on suspicion. Nothing incriminating has been recovered from the person/possession of

Patna High Court CR. MISC. No.37659 of 2026(2) dt.17-06-2026 2/3 the petitioner. The petitioner is in custody since 06.04.2026 and is having antecedent of one case. The charge sheet has been submitted.

5. Learned APP for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and further considering the submission of charge sheet and period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Patna/court concerned in connection with Excise Masaurhi P.S. Case No. 237 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.37659 of 2026(2) dt.17-06-2026 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T