Surendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39867 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Surendra Das, (Male), aged about 34 years, S/O Yugeshwar Das, R/O village Motipur, P.S. Tajpur, Distt-Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 40 of 2024 dated 25.01.2024 registered for the offences punishable under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, total 650.28 litres of country made liquor was recovered from the Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the name of the petitioner has surfaced in the present case on the basis of secret information. The vehicle from which liquor was recovered does not belong to

Patna High Court CR. MISC. No.39867 of 2024(2) dt.04-07-2024 2/2 the petitioner. The petitioner has no concern with the alleged recovered liquor. The petitioner has been remanded in the present case from Karpurigram P.S. Case No. 105 of 2024 on 18.04.2024. The petitioner has eleven criminal antecedents, out of which, in ten cases, he is on bail, as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 18.04.2024.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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 the learned Special Judge (Excise),-02, Samastipur in connection with Tajpur P.S. Case No. 40 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T