Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72298 of 2021 Arising Out of PS. Case No.-442 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== NEERAJ KUMAR Son of Devendra Paswan Resident of Village - Allauddin Chak, P.O. and P.S.- Punpun, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vageshwar Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Ram Krishna Nagar P.S. Case No. 442 of 2021, registered for the offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2018.

At the outset, learned counsel for the petitioner has submitted that, due to mistake, the declaration in respect of criminal antecedents of the petitioner has been mentioned in paragraph No.4 in place of paragraph No. 3 and the petitioner has no criminal antecedents.

Learned counsel for the petitioner has submitted that the petitioner was travelling by a tempo which was intercepted by the police and 110 litres countrymade liquor was recovered.

Patna High Court CR. MISC. No.72298 of 2021(2) dt.30-05-2022 2/2 He has submitted further that other persons including the driver of the tempo fled away. The petitioner is mere a passenger and he is not concerned with the alleged liquor. He is under custody since 18.09.2021.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Court, Patna in connection with Ram Krishna Nagar P.S. Case No. 442 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T