Patna High CourtCR. MISC./10117/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10117 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- PARSA District- Saran ====================================================== SURAJ KUMAR S/O- BABU NATH SAHNI @ BABUNATH SAHANI R/O- VILLAGE- BALIGAON, P.S.- PARSA, DIST.- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 25 liters of liquor from a motorcycle and 5 liters from the house of Upendra Sahni.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and petitioner is not the owner of the seized motorcycle. It is

Patna High Court CR. MISC. No.10117 of 2024(2) dt.28-02-2024 2/2 next submitted that he came to be implicated by the local people but then the name of the people who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parsa P.S. Case No. 248 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T