Patna High CourtCR. MISC./70327/2021bail granted

Niranjan Kumar v. The State Of Bihar

2022-06-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70327 of 2021 Arising Out of PS. Case No.-279 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== NIRANJAN KUMAR S/o Nageshwar Prasad Yadav R/o village- Radhika Tola Ward No. 13, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and sections 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, about 252 litres of liquor was recovered from a tempo of which the petitioner was the driver.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. No incriminating article has been recovered from his possession or his vehicle. He is in custody since 6.10.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.70327 of 2021(2) dt.06-06-2022 2/2 taking into consideration the facts of the case, the petitioner not having any criminal antecedent and having remained in custody for 8 months, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.448 of 2021 (arising out of Kochadhaman P.S. Case no.279 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge (Excise), Kishanganj.

(Partha Sarthy, J) Saurabh/- U T