Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53988 of 2023 Arising Out of PS. Case No.-314 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Suraj Kumar Son Of Lalan Ram R/O-Ramchandarpur, P.S.-THAWE, Distt.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 11.07.2023 in connection with Kateya P.S. Case No. 314 of 2023, F.I.R. dated 10.07.2023 for the offences punishable under Sections 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

4. Recovery is of 828 liters of country made liquor.

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.53988 of 2023(2) dt.19-08-2023 2/3 from the F.I.R. as well as seizure list that altogether 828 liters of country made liquor has been recovered from the scorpio cars in question. He further submits that nothing has been recovered from the conscious possession of the petitioner and 270 liters of country made liquor has been recovered from the scorpio of the petitioner. He further submits that there is non-compliance of Section 100 of Cr.P.C. The petitioner is in custody since 11.07.2023.

6 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise-I, Gopalganj in connection with Kateya P.S. Case No. 314 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.53988 of 2023(2) dt.19-08-2023 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T