Neeraj Kumar @ Niraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59997 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Neeraj Kumar @ Niraj Rai Son of Harendra Rai @ Harendra Yadav Resident of West Boring Canal Road behind Monika Apartment, West Anandpuri Patna G.P.O., P.S.- Shrikrishnapuri, District - Patna 800001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with SriKrishanaPuri P.S. Case No. 178 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, 66.750 litre foreign liquor was recovered from the khataal. Local people disclosed the name of petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.59997 of 2025(2) dt.22-09-2025 2/3 alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case which is not similar to the present case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that seizure list has not been prepared as per law. The place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner has no concern with the alleged place of recovery.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 Special Judge Excise Act 1st, Patna in connection with Shrikrishnapuri P.S. Case No. 178 of 2025, subject to

Patna High Court CR. MISC. No.59997 of 2025(2) dt.22-09-2025 3/3 the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T