Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39552 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR S/o Kamlesh Ray R/o VillageMishrauliya, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sakra P.S. Case No. 15/2018, instituted for offence under Section(s) 272 and 273 of the Indian Penal Code read with Section 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that a truck was intercepted by the police from which total 1420.500 litres of foreign liquor was recovered. From the aforesaid truck three persons, namely, Menpal, Ajay and Rabindra Kumar, started running away. It is alleged that Rabindra Kumar disclosed name of this petitioner and other accused persons, who had come to purchase foreign liquor.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.39552 of 2019(2) dt.02-07-2019 2/2 the other co-accused person has already been granted bail by a Co-ordinate Bench of this Court vide order dated 03.04.2018 passed in Cr. Misc. No. 16298/2018.

It is mentioned in para 3 of bail petition that one other case of Excise Act is pending against this petitioner. Petitioner is in custody since 16.04.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Sakra P.S. Case No. 15/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T