Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.540 of 2025 Arising Out of PS. Case No.-1690 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Niraj Kumar Son of Ash Narayan Prasad @ Ash Narayan Resident of village - Mohaddipur Raipur, Ps- Chiraiya,Dist- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Excise Police Station Case No. 1690 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition & Excise Act.
3. The prosecution case, as per the First Information Report, is that, on 05.10.2024, during the course of vehicle checking, police intercepted one Santro Car and apprehended one person from the car who disclosed his name as Biltu Ram. On search, 174.6 litre of foreign liquor and Nepali liquor was recovered from dickey of the Santro Car bearing Registration
Patna High Court CR. MISC. No.540 of 2025(2) dt.12-02-2025 2/3 No. BR1AD5284.
4. Learned Counsel for the petitioner submits that petitioner is neither the driver nor the owner of the seized car. His name has transpired on the basis of disclosure made by the arrested co-accused Biltu Ram. The co-accused Biltu Ram has been granted regular bail by this Court in Criminal Misc. No. 87017 of 2024, dated 05.02.2025.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is neither the owner nor the driver of the car, his name has transpired on the basis of disclosure made by the arrested co-accused person who was granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-2, Motihari, East Champaran, in connection with Excise Police Station Case No. 1690 of 2024, subject to the
Patna High Court CR. MISC. No.540 of 2025(2) dt.12-02-2025 3/3 condition laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) Siwani/- U T