Suchit Kumar @ Suchit Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29393 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== SUCHIT KUMAR @ SUCHIT RAM SON OF LATE KAPILDEV RAM R/O-HAJARI BABHAN SOTA, P.S.-NAVINAGAR, DISTT.- AURANGABAD, BIHAR .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Navinagar P.S. Case No. 89 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise (Prohibition) Amendment Act.

As per prosecution case, there is alleged recovery of 60 liter mahua wine from the sack and petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 05.03.2023 and bears no criminal antecedent. He further submits that petitioner is quiet innocent and has falsely been implicated in the case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.29393 of 2023(2) dt.15-05-2023 2/3 of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned Special Judge, Excise-1st, Aurangabad, Bihar in connection with Navinagar P.S. Case No. 89 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.29393 of 2023(2) dt.15-05-2023 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) Niku/- amit U T