Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14320 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Suraj Kumar S/o Satish Ram, R/o Village- Khetila, P.S.- Atri, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Barachatti P.S. Case No. 58/2018 for offences punishable under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that a Honda City car was checked and in the car 100 litres of Nepali wine was recovered. Petitioner, who was sitting in the car along with the driver, was apprehended. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He

Patna High Court Cr.Misc. No.14320 of 2018 (2) dt.14-03-2018 2/3 submits that he is not the owner of the said vehicle and has just taken lift in the said car and is languishing in judicial custody since 20.01.2018 for no fault of his. He is ready to cooperate with the investigation, provide all necessary information and undertakes not to tamper with the evidence or prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya, in connection with Barachatti P.S. Case No. 58/2018, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court Cr.Misc. No.14320 of 2018 (2) dt.14-03-2018 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T