Patna High CourtCR. MISC./49394/2021bail granted

Suraj Kumar v. The State Of Bihar

2022-02-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49394 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== SURAJ KUMAR Son of Chandradeo Tanti @ Chandradev Sharma Resident of Village - Chhoti Telouchh, P.S.- Chautham, Distt.- Khagarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 189 litres of IMFL is stated to have recovered from the pick up van and the petitioner who was one of the occupants was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has no concern either with the seized liquor nor with the pick up van. He was arrested under some misunderstanding. He is in custody since 22.3.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.49394 of 2021(2) dt.21-02-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for about 11 months, the Court directs the petitioner to be enlarged on bail in connection with Gopalpur (Rangra) P.S. Case no. 132 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd -cum-Special Judge (Excise Act), Bhagalpur.

(Partha Sarthy, J) Bibhash/- U