Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58872 of 2022 Arising Out of PS. Case No.-414 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR SON OF PATILAL SAHANI R/O VILLAGE- RAJWARA BHAGWAN, P.S.- MUSHAHARI, DISTT.- MUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a), 32(3) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 683.760 litres of illicit liquor was recovered from a pick-up van.

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 his possession. Petitioner is neither the owner nor the driver of the vehicle in question.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.58872 of 2022(2) dt.02-12-2022 2/2 bail application and submits that, petitioner has got one criminal antecedent of similar nature.

Considering the fact that petitioner has criminal antecedent of similar nature, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.

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