Patna High CourtCR. MISC./5164/2024bail granted

Niraj Kumar v. The State Of Bihar

2024-02-15Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5164 of 2024 Arising Out of PS. Case No.-715 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Niraj Kumar S/O Parmod Singh R/O VILLAGE- REPURA RAMPUR BALLI, P.S.- SARAIYA (JAIPUR O.P.), DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272,273/34 of the Indian Penal Code of the IPC and Section 30(a), 32(ii), 32(iii), 36, 41 of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 88.5 liters of liquor from a truck.

4. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 88.5 liters of liquor from a truck. The learned counsel submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner is not the owner of the truck and

Patna High Court CR. MISC. No.5164 of 2024(2) dt.15-02-2024 2/2 he came to be implicated in the confessional statement of the driver, Kamlesh Kumar in police custody which does not have any evidentiary value

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Saraiya (Jaitpur O.P.) P.S. Case No.715 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T