Niranjan Kumar @ Niranjan Kumar Surya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44223 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Niranjan Kumar @ Niranjan Kumar Surya Son Of Bhaglu Ram Resident Of Village - Ward No.-11, Ranisati Mandir Chak Mahila Sitamarhi, P.S. - Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Ram Krishna Nagar P.S. Case No. 241 of 2024, registered under Section 30(a), 32(ii)(iii) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 412.26 liters liquor was recovered from truck and pick-up vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.44223 of 2024(2) dt.28-06-2024 2/2 submitted that the petitioner is neither owner nor driver of any of the vehicles in question and name of the petitioner has transpired on the basis of confessional statement of co-accused person which has no evidentiary value. The petitioner has got two criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ram Krishna Nagar P.S. Case No. 241 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T