Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62741 of 2023 Arising Out of PS. Case No.-485 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== NIRAJ KUMAR Son of Shree Mithhu Das R/o vill - Chishti Gangabridge, P.S. - Gangabridge, Dist. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Smiti Bharti For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(ii), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 150 litres country made liquor from an E-Rikshaw and four persons were arrested on spot including the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. No incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since
Patna High Court CR. MISC. No.62741 of 2023(2) dt.05-10-2023 2/2 5.8.2023.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Excclusive Special Excise Court No. 2-cum-Additional District and Sessions Judge, Hajipur, Vaishali in connection with Hajipur PS Case No. 485 of 2023.
(Sunil Kumar Panwar, J) sushma/- U