Niraj Kumar Yadav @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56418 of 2025 Arising Out of PS. Case No.-652 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Niraj Kumar Yadav @ Niraj Kumar, S/o Shivdayal Rai @ Shivdayal Ray @ Shivdayal Yadav, R/o Village- Chilrawan, P.S.- Turkauliya, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 652 of 2018 registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act-2016.

3. As per prosecution case, 120 litres of illicit spirit was recovered from three jerkin dumped by the four motorcycle borne criminals, while they are trying to flee away after seeing the police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Petitioner was not apprehended on the spot. No

Patna High Court CR. MISC. No.56418 of 2025(2) dt.21-08-2025 2/2 incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in this case due to dirty village politics. Similarly situated co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 30.01.2019 passed in Cr. Misc. No. 4454 of 2019. The petitioner has no criminal antecedent and has been languishing in custody since 17.05.2025. He undertakes to cooperate in the trial.

5. Learned A.P.P. for the State has opposed the regular bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari in connection with Turkauliya P.S. Case No. 652 of 2018.

(Sunil Dutta Mishra, J) khushbu/- U T