Niraj Sah @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41722 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Niraj Sah @ Niraj Kumar S/O Shambhu Sah R/O Vill.- Purani Bazar Narkatiyaganj, P.s.- Shikarpur, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Shikarpur P.S. Case No. 04/2025 dated 07.01.2025 registered for the offences punishable u/s 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1166.500 litres of illicit foreign liquor was recovered from the tractor and a scooty was also recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per para. 9 of the bail petition, the petitioner has no concern with the alleged vehicles. The other co-accused person has already been granted bail by this court vide order dated 08.04.2025 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.41722 of 2025(2) dt.17-07-2025 2/2 17861/2025. The petitioner has no concern with the alleged recovery. The petitioner has nine antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 04/2025, with the condition:- (I). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T