Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33623 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== SURAJ KUMAR SON OF MASTER RAY RESIDENT OF VILLAGENAYA TOLA HARAJI, PS- AWATAR NAGAR, DISTT- CHAPRA (SARAN ) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarfraz Ahmad For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Chainpur P.S. Case No. 32 of 2023 dated 07.02.2023 registered for the offences punishable u/s 30(a), 41(i) of Bihar Prohibition and Excise Act and Section 414 read with section 34 of Indian Penal Code.

As per the prosecution case, total 447.63 litres of illicit liquor was recovered from a vehicle.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33623 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that the petitioner has no concern with the alleged recovery. The petitioner is the driver of the said vehicle and he has no knowledge of the seized liquor. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.02.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 32 of 2023.

The application stands allowed.

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