Niranjan Kumar @ Michu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81720 of 2024 Arising Out of PS. Case No.-662 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Niranjan Kumar @ Michu, aged about 24 years, Male Son of Raju Ram, Resident of Mohalla-West Mohan Bigha, Ward No.16, P.S. Dehri (Town), District-Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Babu Nandan Prasad, Advocate For the State :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld.

APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Dehri (Town) P.S. Case No. 662 of 2024 dated 01.10.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the allegation, there is recovery of about 25 liters of liquor from the house of the co-accused Manoj Kumar and as per the confessional statement of Manoj Kumar, the Petitioner is also involved in the illicit trade of liquor.

4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.81720 of 2024(2) dt.04-12-2024 2/3 case. He further submits that he has nothing to do with the alleged offence. He is no way connected with the alleged offence. He also submits that neither there is any recovery from the possession of the Petitioner nor was he arrested on the spot.

5. As such there is no case made out against the Petitioner under Excise Act and the Petitioner is entitled to get anticipatory bail.

6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

7. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

8. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge, Excise Court No.1,

Patna High Court CR. MISC. No.81720 of 2024(2) dt.04-12-2024 3/3 Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No. 662 of 2024 dated 01.10.2024, subject to the conditions as laid down under Section 438 (2) Cr. P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T