Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58436 of 2024 Arising Out of PS. Case No.-603 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Suraj Kumar Son of Naresh Sahani @ Naresh Kumar Sahani Resident of Village- Ashok Nagar, P.S.- Kankarbagh, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 603 of 2024 instituted for the offences punishable under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 418.68 litres of illicit liquor was recovered from Scorpio vehicle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of disclosure made by the co-accused persons. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.58436 of 2024(2) dt.09-08-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. The co-accused person has already been granted regular bail by this Bench vide order dated 22.05.2024 passed in Cr. Misc. No. 37984 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 603 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T