Suresh Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62903 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- MAIGRA District- Gaya ====================================================== SURESH BHUIYAN Son of Late Kuleshwar Bhuiyan Resident of VillageBhuiyandih, Police Station-Maigra, District-Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Maigra P.S. Case No. 31 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of three litres of illicit country made liquor from the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 31.07.2021. The learned counsel for the petitioner has submitted that the petitioner is an accused in one other case but he is on bail in the said case.

Patna High Court CR. MISC. No.62903 of 2021(2) dt.04-04-2022 2/2 Per contra, the learned counsel 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 learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gaya in connection with Maigra P.S. Case No. 31 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T