Suman Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18623 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== SUMAN KAPAR Son of Harak Kapar Resident of Village-Gunai Basahi, Ward No. 3, Police Station-Tajpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anu Priyadarshni, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tajpur P.S. Case No. 180 of 2023 lodged under Sections 30(a) and 41(i) (ii) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the petitioner and the total recovery of 76.755 liter foreign liquor has alleged to be made, which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the seizure list, it become clear that the said recovery has been made from the maize field, Brahm Asthan and has not

Patna High Court CR. MISC. No.18623 of 2024(3) dt.03-05-2024 2/2 been recovered from the conscious possession of the petitioner. He submits that the petitioner has unnecessarily been made accused in the present case.

5. Counsel for the petitioner submits that petitioner is in custody since 06.02.2024 having one criminal antecedent in which he is on bail and charge-sheet has already been filed in this case.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-2, Samastipur /Court Concern, Samastipur in connection with Tajpur P.S. Case No. 180 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

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