Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26509 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== SURAJ KUMAR S/o Chandradev Sharma @ Chandradev Tanti Resident of Village- Chhoti Telaunchh, P.S.- Chautham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Sahebpur Kamal Police Station Case No. 58 of 2020, registered for the offences punishable under Sections 120-B/224/414/34 of the Indian Penal Code and Sections 30 (a)/32/27/41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police arrived at the place of occurrence and found that one pick-up van was standing and upon seeing police party, the persons sitting in the pick-up van started fleeing away and the police apprehended two persons, including the petitioner. It has further been alleged that one Jeevan Kumar

Patna High Court CR. MISC. No.26509 of 2020(2) dt.12-10-2020 2/3 subsequently fled away from the custody of the police and upon search, the police recovered 47.280 litres of illicit liquor from the said pick-up van.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. He further submits that the petitioner is the driver of the pick-up van and the pick-up van belongs to the brother of Jeevan Kumar, who subsequently fled away from the custody of the police. He further submits that the petitioner was not aware of the illicit liquor being kept in the said pick-up van and he is in custody since 29.02.2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in judicial custody since 29.02.2020, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II -cumSpecial Judge, Excise, Begusarai, in connection with Sahebpur Kamal Police Station Case No. 58 of 2020.

Patna High Court CR. MISC. No.26509 of 2020(2) dt.12-10-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √