Patna High CourtCR. MISC./55002/2024bail granted

Niraj Kumar v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55002 of 2024 Arising Out of PS. Case No.-254 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Niraj Kumar Son of Arjun Mahto Resident of Village- Gouar Bigha, P.S.- Kashichak, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manmohan Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Nawada Excise P.S. case No. 254 of 2024 registered under Sections 30(A) and 47 of of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 65 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. The petitioner is not named in the F.I.R. The name of the petitioner has transpired as being owner of the motorcycle in question which was got stolen on 27.08.2023 for which he had

Patna High Court CR. MISC. No.55002 of 2024(2) dt.09-08-2024 2/2 given a written complaint but the SHO refused to take written complaint. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Nawada Excise P.S. case No. 254 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T