Surajbhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3637 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- BANGARA District- Samastipur ====================================================== Surajbhan Son of Bharat Singh Resident of Village- Khalilur, P.S.- Patodi, District- Gurgaon.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 At the outset, learned counsel for petitioner seeks permission to make correction in para 6 of the petition. Permission is accorded. Counsel for petitioner is directed to make necessary correction during course of the day. Heard learned counsel for petitioner and learned A.P.P for State.

The petitioner seeks bail in Bangara P.S. Case No. 98 of 2021, registered for the offence punishable punishable under Section 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3526 litres of foreign liquor has been recovered from a truck of which this petitioner was driver.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply

Patna High Court CR. MISC. No.3637 of 2022(2) dt.31-03-2022 2/2 driving the vehicle at the instruction owner and was not aware about the nature of consignment being transported by the said vehicle. Petitioner is in custody since 09.09.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge Excise Act, Samastipur in connection with Bangra P.S. Case No. 98 of 2021. (Prabhat Kumar Singh, J) vinita/- U T