Patna High CourtCR. MISC./63380/2024bail granted

Niraj Chouhan v. The State Of Bihar

2024-09-11Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63380 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Niraj Chouhan S/o- Sri Sheshman Chauhan @ Shehsmani Resident of villageMore chauraha Jamunipur Athagawan Ps- Bhadohi District- Bhadohi UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmveer Jha For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Mirganj P.S. Case No. 279 of 2024 registered under Section-317(5) of the B.N.S. Act and Section-30 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The prosecution case, in short, is that on the tip off, the informant along with police personnel intercepted a car and on search, 348.120 litres of foreign liquor is said to have been recovered from the car. The petitioner was apprehended from the car itself.

4. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.63380 of 2024(2) dt.11-09-2024 2/2 allegation of tampering of witnesses alleged against the petitioner. There is no recovery of liquor from conscious possession of the petitioner. The petitioner is in custody since 07-07-2024.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cum-Exclusive Special Judge, Excise Court No.-II, Gopalganj in connection with Mirganj P.S. Case No. 279 of 2024.

7. Before accepting the bail bond, the criminal antecedent of the petitioner shall be verified by the court below and if it is found that he is involved in any other case, his bail bond shall not be accepted.

(Nawneet Kumar Pandey, J) A.K.V.//- U T