Sudhir Kumar @ Sudhir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6660 of 2022 Arising Out of PS. Case No.-711 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== SUDHIR KUMAR @ SUDHIR RAI Son of Dev Kumar Rai Resident of Village- Chak Sikandar, P.S.- Tajpur, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 711 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act. The total recovery of 2934 liters of english wine has been made in the present case.

Learned counsel for the petitioner submits that the alleged recovery was not made from the conscious possession of the petitioner. He further submits that petitioner was not arrested on spot and his name has been figured in this case by the confessional statement of other accused person arrested on the spot namely, Ajay Yadav. He further submits that charge sheet has already been filed in this case and petitioner is in custody since 13.11.2021. He further submits that the accused persons

Patna High Court CR. MISC. No.6660 of 2022(2) dt.13-06-2022 2/2 from whose possession the recovery has been alleged to be made, have been granted bail by the Co-ordinate Bench of this Court vide order dated 17.05.2022 passed in Cr. Misc. No. 67652 of 2021. He further submits that petitioner has got clean antecedent.

Learned A.P.P. has opposed the prayer for bail and submits that huge quantity of liquor has been recovered in this case. So prayer for bail should be rejected.

Considering the facts that charge sheet has been filed in this case and petitioner is in custody since 13.11.2021 having no criminal antecedent as well as the Co-ordinate Bench of this Court has already been granted bail to accused Ajay Kumar Yadav and Prem Singh vide order dt. 17.05.2022 passed in Cr. Misc. No.67652 of 2021, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.1,00,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Judge-Ist, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.711 of 2021.

(Dr. Anshuman, J) ravishankar/- U T