Niraj Kumar @ Niraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68574 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Niraj Kumar @ Niraj Rai Son of Late Bisheshwar Rai Resident of village - Madhopur, P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Pratima Kumari For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Mahua P.S. Case No. 66 of 2020, registered for the offence under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of Bihar Prohibition and Excise Act. 4575 liters of illicit foreign liquor has been recovered from a truck and petitioner is alleged to have fled away after seeing the police party.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of the said truck. Petitioner is in custody since 31.07.2021.

Learned A.P.P. for the State has opposed the bail petition and submitted that in this case, huge quantity of liquor has been recovered and petitioner has got one criminal antecedent also of similar nature.

Patna High Court CR. MISC. No.68574 of 2021(2) dt.03-03-2022 2/2 Considering the recovery of huge quantity of liquor and criminal antecedent of petitioner, the above named petitioner is directed to be released on bail, after framing of charge, on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court-below where the case is pending in connection with Mahua P.S. Case No. 66 of 2020.

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