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Patna High CourtCR. MISC./4837/2026bail granted

Niranjan Kumar v. The State Of Bihar

2026-01-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4837 of 2026 Arising Out of PS. Case No.-1270 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Niranjan Kumar S/O Ramanand Ram @ Ramnandan Ram R/O Vill.- Jurahi, P.S.- Madanpur, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Aurangabad Excise P.S. case No. 1270 of 2025 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180 liters liquor was recovered from tempo.

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

Patna High Court CR. MISC. No.4837 of 2026(2) dt.28-01-2026 2/2 further submitted that the tempo in question does not belong to the petitioner. The vehicle runs as public vehicle and the petitioner had no knowledge regarding the nature of goods kept in vehicle. The petitioner is in custody since 14.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Excise P.S. case No. 1270 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T