Patna High CourtCR. MISC./50913/2024bail granted

Niraj Kumar @ Niraj Yadav v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50913 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Niraj Kumar @ Niraj Yadav, aged about 22 years, Male, Son of Dhrup Yadav Resident of Village - Hira-Pakad, Police Station - Jadopur, District - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Adesh Raj Singh, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 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 Jadopur P.S. Case No. 259 of 2023 dated 22.10.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 504 litres of illicit country made liquor was recovered from the boat.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said boat. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.50913 of 2024(2) dt.20-07-2024 2/2 recovery. The co-accused person has already been granted anticipatory bail by this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 5675 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 30.04.2024.

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, Gopalganj in connection with Jadopur P.S. Case No. 259 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T