Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77611 of 2024 Arising Out of PS. Case No.-706 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Niraj Kumar S/O Mahendra Yadav R/O village -Nasib Bigha, P.S Narari Kala Khurd, District -Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-11-2024 Heard Ms. Mukul Kumari, learned counsel for the petitioner and Mr. Shyam Bihari Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 22.07.2024, in connection with G.R. No. 1264 of 2024 arising out of Excise P.S. Case No. 706 of 2024, F.I.R. dated 22.07.2024 registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition of Excise Act and Sections 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 319.680 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.77611 of 2024(2) dt.26-11-2024 2/3 implicated in the present case merely on the ground that the petitioner is the driver of the vehicle in question and from perusal of the F.I.R., it appears that altogether 319.680 litres of country made liquor was recovered from the vehicle in question. She further submits that the petitioner has no concern at all with the alleged recovery of illicit liquor and the owner of the vehicle namely Ashok Kumar who has been granted the privilege of anticiaptory bail by this Court vide order dated 11.09.2024 passed in Cr. Misc. No. 60323 of 2024 and the petitioner is in custory since 22.07.2024.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the owner of the vehicle in question has been granted the privilege of anticipatory bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise-II, Aurangabad in connection with G.R. No. 1264 of 2024 arising out of Excise P.S. Case No. 706 of 2024, subject to

Patna High Court CR. MISC. No.77611 of 2024(2) dt.26-11-2024 3/3 the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T