Patna High CourtCR. MISC./39146/2024bail granted

Sudhir Kumar v. The State Of Bihar

2024-05-28Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39146 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== Sudhir Kumar Son of Naresh Ram Resident of village - Murarpur, Ward No.- 14, Police Station - Korma and District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sheikhpura Excise P.S. Case No. 180 of 2024, lodged on 12.04.2024 under Sections 30(a)/32/41/56(a)/56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, FIR has been lodged against the present petitioner. Total 20 litres of country made liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged illicit liquor has been recovered from a pulsor motorcycle and the petitioner is not the owner of

Patna High Court CR. MISC. No.39146 of 2024(2) dt.28-05-2024 2/3 the said motorcycle. Counsel further submits that the criminal antecedent of the petitioner is not clean and there are two criminal cases pending against him in which in both the cases, he is on bail. The petitioner is in custody since 13.04.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect may be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura in connection with Sheikhpura Excise P.S. Case No. 180 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose

Patna High Court CR. MISC. No.39146 of 2024(2) dt.28-05-2024 3/3 details are as follows:- (I)- Sheikhpura Excise P.S. Case No. 240 of 2019. (II)- Sheikhpura Excise P.S. Case No. 124 of 2019. (Dr. Anshuman, J.) Divyansh/- U T