Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64289 of 2021 Arising Out of PS. Case No.-356 Year-2021 Thana- NAGAR District- Vaishali ====================================================== NIRANJAN KUMAR Son of Sipahi Ray Resident of Village - Chakwara, P.S.- Hajipur Town in the distt. of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 356 of 2021 for the offence registered under Sections 30(A), 32(2) and 38(ii) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 425.85 of the illicit liquor from a Tata Magic vehicle and the petitioner is stated to be the driver of the said vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 01.05.2021. The learned counsel for the petitioner has further submitted that since the petitioner is the

Patna High Court CR. MISC. No.64289 of 2021(2) dt.16-12-2021 2/2 driver of the vehicle in question, he was not having any knowledge about the contents of the consignment which had been loaded in the said vehicle.

Per contra, the learned counsel 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 driver of the vehicle and he is languishing in custody since 01.05.2021, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 356 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T