Patna High CourtCR. MISC./63702/2024bail granted

Niraj Kumar v. The State Of Bihar

2024-09-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63702 of 2024 Arising Out of PS. Case No.-225 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== Niraj Kumar S/o Gupteshwar Singh Resident of Village- Baswariya, P.SBihiya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Bihia P.S. Case No. 225 of 2024.

3. As per prosecution case, there has been recovery of total 120 liters of liquor from two motorcycles and the petitioner was apprehended on spot.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern either with the alleged recovery of liquor or with the vehicles in question. On

Patna High Court CR. MISC. No.63702 of 2024(2) dt.12-09-2024 2/2 the basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he is in custody since 20.07.2024. From perusal of the para-3 of the petition, it appears that the petitioner having one criminal antecedent but not of similar nature.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 1, Bhojpur at Ara in connection with Bihia P.S. Case No. 225 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T