Surendra Kuer @ Surendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19131 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SURENDRA KUER @ SURENDRA KUMAR Son of Late Ramashray Kuer@ Ramashray Kumar Resident of Village - Kaithma, P.S.- Mufassil, Distt - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navesh Nandan For the Opposite Party/s :
Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 21.01.2019 in connection with Begusarai Muffasil P.S. Case No. 35 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation, as per the FIR against the petitioner, is that one Homeguard Surendra Kumar was apprehended carrying illicit liquor, who confessed the name of other Homeguards who had concealed illicit liquor in the barrack. On raid, altogether 17 litres of illicit liquor was recovered from the motorcycle of the petitioner, who is a Homeguard. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.19131 of 2019(2) dt.29-03-2019 2/2 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that some of the co-accused, who have been apprehended from a mass search of the barrack and the motorcycles, have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 10936 of 2019 vide order dated 25.02.2019 and Cr. Misc. No. 14109 of 2019 vide order dated 11.03.2019.
However, learned APP for the State opposes the prayer for bail.
Considering the nature of allegations and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II cum Special Judge (Excise Act), Begusarai, in connection with Begusarai Muffasil P.S. Case No. 35 of 2019.
(Nilu Agrawal, J) Rajesh/- U T