Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60528 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== NIRANJAN KUMAR SON OF PRAMOD YADAV RESIDNET OF VILLAGE- SINGHCHAK, PS- KIUL, DIST- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 15 liters of illicit liquor from a motorcycle bearing Registration no. KA16EJ-5605 and the petitioner is alleged to have arrested on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in para-3 of the bail petition. It is apparent from para-6 of the bail

Patna High Court CR. MISC. No.60528 of 2023(2) dt.22-09-2023 2/2 petition that the seized motorcycle belongs to the petitioner but has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 22.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Suryagarha P.S. Case No. 262 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-1st, Lakhisarai.

(Sunil Kumar Panwar, J) Amandeep/- U T