Suraj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27266 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Suraj Das, Son Of Late Suresh Das R/V- Singheswar Sattu Galli, Ward No. 2, Ps- Singheswar Dist- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 21.600 litre of cough syrup from the house of the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the house is a joint family property, as such, it cannot be

Patna High Court CR. MISC. No.27266 of 2023(2) dt.16-05-2023 2/2 alleged with certainty that it was the petitioner, who had kept the cough syrup in the house or the cough syrup kept in the house was within the knowledge of the petitioner, when admittedly, petitioner is a person with clean antecedent. Learned A.P.P. opposes the bail application.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cumSpecial Judge Excise-II, Madhepura in connection with Excise Case No.160 of 2022 arising out of Madhepura Excise P. S. Case No.03 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T