Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82999 of 2024 Arising Out of PS. Case No.-663 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Niraj Kumar S/O Rabindra Rai Resident of Village- Mahua Singh Rai, Police Station- Mahua and District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Siwan Excise (Excise Sadar Siwan) PS Case No. 663 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 225 liters of illicit liquor was recovered from the car. Petitioner was arrested on the spot.

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

Patna High Court CR. MISC. No.82999 of 2024(2) dt.04-12-2024 2/2 no concern with the alleged recovery of liquor. Petitioner is said to be driver of the vehicle in question and he was oblivious of the illicit liquor loaded in the vehicle. The petitioner is in custody since 29-10-2024 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 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, clean antecedent of the petitioner 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Excise (Excise Sadar Siwan) PS Case No. 663 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T