← Library
Patna High CourtCR. MISC./47868/2016dismissed

Niraj Kumar @ Niraj @Chitranjan Kumar Yadav @ Chitranjan Kumar And ORS v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47868 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Niraj Kumar @ Niraj @ Chitranjan Kumar Yadav @ Chitranjan Kumar, Son of Gulabi Yadav @ Gulo Prasad Yadav,

2. Mithilesh Kumar Yadav, Son of Late Paresh Yadav,

3. Shrawan Kumar Yadav, Son of Yoganand Yadav,

4. Lalan Kumar @ Lalan Kumar Yadav, Son of Shiv Narayan Yadav, All are Resident of Village- Manikpur, Police Station- Narpatganj, District- Araria.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Arun, Advocate For the Opposite Party : Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 26.08.2016 in connection with Kishanpur P.S. Case No. 179 of 2016 for the offences alleged under Section 47A of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioners have been falsely implicated and even according to the first information report, the recovery of Nepali wine has been made from the vehicle and not from their conscious possession. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case and considering however that the petitioners are alleged to be the carriers of Nepali wine, this Court is not inclined to grant the privilege of bail to them. The bail petition stands dismissed.

(Vikash Jain, J) B.T/Chandran U T