Satyanarayan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61574 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== SATYANARAYAN KUMAR Son of Manohar Singh Resident of Village - Talsharma, P.S.- Birupur, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard.
The petitioner seeks regular bail in connection with Surajgarha P.S. Case No. 162 of 2021, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 126 liters of illicit liquor from a Swift Dzire car and the petitioner is stated to be apprehended by the police while he was trying to flee away.
The learned counsel for the petitioner has submitted that the petitioners is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 26.07.2021. The learned counsel for the petitioner has referred to paragraph No. 12 of
Patna High Court CR. MISC. No.61574 of 2021(2) dt.31-03-2022 2/2 the present petition to submit that he is not the owner of the Swift vehicle.
Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the petitioner is not stated to be the owner of the vehicle in question apart from the fact that he is having a clean antecedent and is languishing in custody since about 8 months, I deem it fit and proper to admit the petitioner to the privilege of regular bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional District & Sessions Judge-IIcum- Special Judge, Excise, Lakhisarai in connection with Surajgarha P.S. Case No. 162 of 2021.
(Mohit Kumar Shah, J) Tiwary/- U