Patna High CourtCR. MISC./5647/2024bail granted

Suraj Ram @ Suraj Kumar v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5647 of 2024 Arising Out of PS. Case No.-655 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Suraj Ram @ Suraj Kumar Son Of Sanjay Prasad Penter @ Sanjay Ram R/OChitkohra Bazar Anishabad, P.S.-GARDANIBAGH, Distt.-PATNA ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ramjiban Prasad For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and 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 30(a) and 36 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 900ml litres of liquor from a four wheeler.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that petitioner being owner of the vehicle came to be implicated in a mechanical manner when his father Sanjay Prasad was arrested at the place of occurrence, which amply demonstrates

Patna High Court CR. MISC. No.5647 of 2024(2) dt.16-02-2024 2/2 that petitioner was completely unaware that the vehicle in question would be misused by his father in the manner as alleged.

5. Learned A.P.P. opposes the 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Gardanibagh P. S. Case No.655 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) vikash/- U T