Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32362 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

Suraj Kumar Son of Jai Prakash Gupta Resident of Village - Dumri, P.S.- Sadar, District - Muzaffarpur.

2.

Ravi Shankar Kumar Son of Anil Paswan Resident of Village - Dumri, P.S.- Sadar, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024

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

2. The petitioners apprehend their arrest in connection with Muzaffarpur Sadar P.S. Case No. 97 of 2024 instituted for the offences punishable under Sections 414, 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 614.04 litres of illicit liquor has been recovered from a place behind the

Patna High Court CR. MISC. No.32362 of 2024(2) dt.26-04-2024 2/3 boundary wall of Binod Singh and from the Litchi orchard of Suresh Rai.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case merely on suspicion. No incriminating article has been recovered from the conscious possession of the petitioners. The petitioners have neither got any concern with the alleged recovery of liquor nor with the place from where the recovery has been made. The co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 02.04.2024 passed in Cr. Misc. No. 23572 of 2024. The petitioners have no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and claim based on parity, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with

Patna High Court CR. MISC. No.32362 of 2024(2) dt.26-04-2024 3/3 Muzaffarpur Sadar P.S. Case No. 97 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Alok Verma/- U T