Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56162 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Suraj Kumar Late Gulab Saw @ Gulab Sah Resident of Village-Tikiya Tola, Chai Tola, P. S.-Sultanganj, Dist-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sultanganj P.S. Case No. 211 of 2024, registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

03. As per prosecution case, the police received information about the petitioner storing illicit liquor in his hut for selling the same. A raid was conducted at the identified place and recovery of 60 liters of country made liquor and 5.520 liters of India made foreign liquor was made from the spot.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case as it is apparent from the FIR that the recovery has been

Patna High Court CR. MISC. No.56162 of 2024(4) dt.26-10-2024 2/3 made from a hut situated on a vacant land and the petitioner has no concern with the same. Due to the criminal antecedent, the petitioner has been roped in this case. Nothing incriminating has been recovered from the person or conscious possession of the petitioner. The petitioner is in custody since 21.06.2024 and charge-sheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Patna in connection with Sultanganj P.S. Case No. 211 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.56162 of 2024(4) dt.26-10-2024 3/3 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T