Patna High CourtCR. MISC./34751/2024bail granted

Surendra Das v. The State Of Bihar

2024-06-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34751 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Surendra Das son of Yugeshwar Das Village- Motipur Ps- Tajpur DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Tajpur P.S. Case No. 105 of 2024 dated 09.03.2024 for the offence/s punishable u/ss 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 876 litres of illicit beer was recovered from the pick-up van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner

Patna High Court CR. MISC. No.34751 of 2024(2) dt.27-06-2024 2/3 nor the driver of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person has already been granted anticipatory bail by this Court vide order dated 23.04.2024 passed in Cr. Misc. No. 30436 of 2024. The petitioner has ten criminal antecedents which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Tajpur P.S. Case No. 105 of 2024, with the condition/s-:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every

Patna High Court CR. MISC. No.34751 of 2024(2) dt.27-06-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T