Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17684 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== SURAJ KUMAR S/O GULAB SAO @ GULAB SAH Resident of MohallaShivpur, Tikia Toli, P.S- Sultanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of eight cases and allegation of recovery of 720 ml liters of liquor from a bag.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the bag does not belong to him and the alleged recovery is from a place which is accessible to public at large and he came to be implicated at the instance of local people. It is further submitted that in ninety percent of the cases

Patna High Court CR. MISC. No.17684 of 2024(2) dt.19-03-2024 2/2 the police is implicating the accused persons either at the instance of Chowkidar or local people, but it absolutely does not sand to reason that if anyone had seen the occurrence and had identified the petitioner then why the said person did not inform the police earlier.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.40,000 /- (Rupees Forty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City in connection with Sultanganj P.S. Case No.483 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T