Niraj Kumar @ Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71728 of 2025 Arising Out of PS. Case No.-227 Year-2022 Thana- SONEPUR District- Saran ====================================================== 1.

Niraj Kumar @ Niraj Kumar Singh Son of Pawan Singh @ Pawan Kumar Singh Resident of Village- Bharpura PS -Sonpur Dist -Saran 2.

Shalok Kumar @ Shalok Kumar Singh @ Balam Son of Pawan Singh @ Pawan Kumar Singh Resident of Village- Bharpura PS -Sonpur Dist -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Himanshu Ranjan, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in a case registered under Sections 30(a), 41(i)(ii) and 45 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 54.32 litres of illicit liquor was recovered from the shop of the petitioners and it is alleged that four accused persons including the petitioners fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Further submission is that neither the petitioners nor their family

Patna High Court CR. MISC. No.71728 of 2025(2) dt.08-10-2025 2/3 members have any concern either with the seized illicit liquor or with the shop in question. It is submitted that nothing incriminating material has been recovered from the conscious possession of the petitioners. They have been apprehended merely on suspicion. Petitioner no. 1 has got two criminal antecedents and petitioner no. 2 has got three criminal antecedents but the same are not of the Excise Act. There is no chance of absconding of the petitioners or tampering with the evidence. Petitioners are in custody since 25.08.2025 and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Sonpur P.S. Case No. 227 of 2022 with further conditions:- (i) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their

Patna High Court CR. MISC. No.71728 of 2025(2) dt.08-10-2025 3/3 bail bonds by the Trial Court itself;

(ii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Sunil Dutta Mishra, J) utkarsh/- U T