Shatrughan Kumar @ Shatrudhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23801 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- PHULWARIYA District- Gopalganj ====================================================== SHATRUGHAN KUMAR @ SHATRUDHAN, Male, aged about 27 years, SON OF SUNIL MAHTO Resident of village - Raghunandanpur, P.S. - Phulwariya, Distt. - Gopalganj .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Phulwariya P.S. Case No. 195 of 2022 dated 14.05.2022 registered for the offence(s) punishable under Sections 427 and 307 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 567.96 litres of foreign liquor and the same is stated to have been recovered from a Scorpio vehicle but the petitioner was not apprehended at the spot and as per the prosecution's story, mentioned in the FIR, the apprehended coaccused Suraj Kumar @ Murat Kumar disclosed the role of this petitioner being a liner in the alleged crime of smuggling of wine and the said co-accused has been granted bail by a co-

Patna High Court CR. MISC. No.23801 of 2023(2) dt.12-05-2023 2/2 ordinate Bench of this Court vide order Annexure P/3 and one other co-accused, namely, Bablu Singh has been granted anticipatory bail by a co-ordinate Bench of this Court vide order Annexure P/2 and case of this petitioner is on better footing than co-accused Suraj Kumar @ Murat Kumar as he was not arrested at the spot. Further submissions are that the petitioner has been languishing in jail since 24.01.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the completion of investigation against the petitioner and the privilege of bail having been granted to two co-accused persons, as mentioned-above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Phulwariya P.S. Case No. 195 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T