Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9884 of 2023 Arising Out of PS. Case No.-583 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== SURAJ KUMAR S/O PARMESHWAR RAI @ MUKESH THAKUR Resident of village- Patdaura, Ward No.- 12 @ Bhikha, P.S,- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Sursand P.S. Case no. 583 of 2022 instituted for the offence under Section 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

As per FIR, the accusation against the petitioner is of carrying illicit liquor of 45 liters by a motorcycle bearing registration no. BR06X7835 thereafter, police personal reached at the place of occurrence and arrested the petitioner on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A

Patna High Court CR. MISC. No.9884 of 2023(2) dt.18-04-2023 2/3 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 11.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the alleged vehicle from where the recovery has been made is alleged to be driven by this petitioner at the time of his arrest. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sursand P.S. Case No. 583 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Special Excise Court-II, Sitamarhi.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.9884 of 2023(2) dt.18-04-2023 3/3 the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T