Niranjan Kumar @ Niraj Kumar @Shanty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53064 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- NADI P.S. District- Patna ====================================================== NIRANJAN KUMAR @ NIRAJ KUMAR @SHANTY SON OF RAJ KUMAR RESIDENT OF HOUSE NO 20, DHANKAUR, BALDEONAGAR, P S - PANJOKHARA SAHIB DIST- AMBALA CITY (HARYANA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Adv.

For the State :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 1478/2021 arising out of Nadi P.S.Case No. 33/2021, registered for the offence punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 36, 41 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.53064 of 2021(2) dt.16-12-2021 2/3 been falsely implicated in the present case and he is languishing in custody since 6.3.2021. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 2 of the supplementary affidavit filed today, that the truck in question does not belong to the petitioner. It is also submitted that the name of the petitioner has transpired upon disclosure made by the co-accused persons, namely, Niranjan Singh and Jitendra Vishwakarma. It is further submitted that the petitioner is an accused in one other case, but in the said case, he was remanded after being arrested in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is neither the owner nor the

Patna High Court CR. MISC. No.53064 of 2021(2) dt.16-12-2021 3/3 driver of the truck in question and his name has transpired in the present case upon disclosure made by the co-accused persons , I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Special Case No. 1478/2021 arising out of Nadi P.S.Case No. 33/2021.

(Mohit Kumar Shah, J) Ajay/- U T