Patna High CourtCR. MISC./45661/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45661 of 2024 Arising Out of PS. Case No.-438 Year-2024 Thana- Excise P.S. District- Lakhisarai ====================================================== Suraj Kumar Son of Sidheshwar Bind @ Singheshwar Bind R/O Vill.- Bhandar Ward No. 02, P.S.- Chaman, Dist.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai Excise P.S. Case No. 438C2 of 2024 dated 01.05.2024 registered for the offences punishable u/s 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner was tested with Breath Analyzer Machine and presence of alcohol (BAC of 44 mg/ 100ml ) in his body was confirmed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.45661 of 2024(2) dt.02-07-2024 2/2 possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.05.2024.

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

6. 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, Lakhisarai in connection with Lakhisarai Exclusive P.S. Case No. 438C2/2024.

7. The application stands allowed.

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