Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62247 of 2021 Arising Out of PS. Case No.-543 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== NIRAJ KUMAR Son of Anil Kumar Ray Resident of Village - Madhopur, P.S.- Warisnagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Sections 30(a)/32 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 600 liters of foreign liquor was recovered from the Pick-up Van in which petitioner was travelling. A mobile phone was also recovered from the possession of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery and the mobile phone

Patna High Court CR. MISC. No.62247 of 2021(2) dt.20-12-2021 2/2 belongs to him. Petitioner claims clean antecedent. Petitioner is in custody since 24.8.2021. Investigation is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, 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 Additional Sessions Judge II cum Special Judge, Excise Act, Lakhisarai in Lakhisarai Kabaiya Police Station Case No. 543 of 2021.

(Prabhat Kumar Singh, J) shashi/- U T