Suraj Kumar @ Suraj Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44000 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== 1.

SURAJ KUMAR @ SURAJ NONIA SON OF RAMCHANDRA NONIA RESIDENT OFVILLAGE -BAHIYARDIH, P.S. -MADHUBAN, DISTRICT- DHANBAD 2.

ANISH MAHATO SON OF JITU MAHATO RESIDENT OF VILLAGECHITAHI BASTI, P.S.- BARORA, DISTRICT -DHANBAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-07-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Malaypur P.S. Case No.58 of 2021 registered for the offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2018.

3.

The accused/petitioners are not named in the F.I.R. and are in custody since 14.02.2023.

4.

The allegation against both petitioners is to be engaged in illegal trade of illicit liquor, where, there is

Patna High Court CR. MISC. No.44000 of 2023(2) dt.28-07-2023 2/3 recovery of 90 litres of illicit liquor.

5.

Learned counsel appearing on behalf of the petitioners submitted that both petitioners remanded in this case from Malaypur P.S. Case No.57 of 2021, on the basis of suspicion, as surfaced, during course of investigation, in furtherance of which, no incriminating material including illicit liquor recovered from their possession. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. 6.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above, as alleged recovery of illicit liquor not appears to be made from conscious physical possession of these petitioners coupled with the fact that charge-sheet has already submitted, where, petitioners are in custody since 14.02.2023, let both petitioners, above named, are directed to be released on bail in connection with Malaypur P.S. Case No.58 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.1, Jamui/concerned court,

Patna High Court CR. MISC. No.44000 of 2023(2) dt.28-07-2023 3/3 subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T