Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33239 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Suraj Kumar Son Of Manoj Sah @ Manoj Kumar Sah R/O Village - Rajghat, P.S.- Bikathi, District - Purnea (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== 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 Excise (Sadar) P.S. case No. 81/2023 arising out of Jagdishpur P.S Case No. 81/2023 dated 14.02.2023 registered for the offence punishable u/s 30(a) of Bihar Prohibition and Excise.

As per the prosecution case, total 405 litres of Indian made foreign liquor was seized from the 2 pick up van. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33239 of 2023(2) dt.24-05-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is only the helper and was nabbed on the place of occurrence. The petitioner was neither the driver nor the owner of the any vehicles. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2023. 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) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Excise (Sadar) P.S. case No. 81/2023 arising out of Jagdishpur P.S Case No. 81/2023.

The application stands allowed.

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

Patna High Court CR. MISC. No.33239 of 2023(2) dt.24-05-2023 3/3