Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22342 of 2018 Arising Out of PS. Case No.-1270 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Suraj Kumar, Son of Dhurkheli Chaudhary, Resident of Jat Dumari Western side of the Railway Line, Police Station Punpun, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Digha P.R. P.S. Case no. 284 of 2018, Special Case no. 1270 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

370 lts. of toddy is said to have been recovered from the Tata Magic and petitioner and one other accused namely, Sanjay Chaudhary were apprehended in course of escaping from the place of occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either

Patna High Court Cr.Misc. No.22342 of 2018(2) dt.17-04-2018 2/2 with the seized toddy or with the vehicle in question. As a matter of fact, the petitioner was passing through the place of occurrence and he was apprehended and falsely implicated in the case by the police merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 13.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Digha P.R. P.S. Case no. 284 of 2018, Special Case no. 1270 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T