Niraj Kumar @ Dheeraj Kumar @ Teni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83423 of 2024 Arising Out of PS. Case No.-1060 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Niraj Kumar @ Dheeraj Kumar @ Teni S/O Ramesh Kumar Yadav @ Ramesh Yadav R/O Village-Tendua, P.S.- Aurangabad Muffasil, DisttAurangabad(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 1060 of 2024 instituted for the offences under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 105 litres of spirit liquor was recovered from Yamaha Motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that seized motorcycle in question does not belong to the petitioner. The petitioner is in custody since 24.10.2024 and has

Patna High Court CR. MISC. No.83423 of 2024(2) dt.05-12-2024 2/2 got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 1060 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T