Satendra Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48257 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Satendra Kumar @ Kallu ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2024 Heard the parties.

2. The petitioner seeks bail in connection with Bodhgaya P.S. Case No. 158 of 2024 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. The petitioner is named in the F.I.R and in custody since 20.04.2024.

4. The allegation against the petitioner is to involve in illegal trading of illicit liquor, wherein 1.125 litres of illicit liquor alleged to be recovered from the straw house of one co-accused Pappu Kumar.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.48257 of 2024(2) dt.05-07-2024 2/3 petitioner submitted that implication of petitioner appears on the basis of confessional statement of coaccused Nitish Kumar, who alleged to rob petitioner, for which a separate case i.e. Magadh University P.S. Case No. 56 of 2024 was lodged by Ajay Kumar. It is further submitted that alleged illicit liquor appears to be recovered from the house of co-accused Pappu Kumar and not from this petitioner. It is pointed out that petitioner was involved in two more criminal cases of different nature where he is on bail in one case.

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

7.

Considering the aforesaid facts and circumstances, as recovery of illicit liquor not appears to be made prima facie from the conscious physical possession of these petitioners coupled with the fact that the petitioner is in custody since 20.04.2024, accordingly, accordingly, petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.48257 of 2024(2) dt.05-07-2024 3/3 Bodhgaya P.S. Case No. 158 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned Exclusive Special Excise Court-I, Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Sudha/- U T