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Patna High CourtCR. MISC./63775/2021bail granted

Suraj Kumar @ Suraj Paswan v. The State Of Bihar

2022-03-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63775 of 2021 Arising Out of PS. Case No.-102 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== SURAJ KUMAR @ SURAJ PASWAN S/o Kusho Paswan @ Fuso Paswan Resident of Village- Gachhi Tola, P.S.- Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420 and 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 161.25 litres of liquor was recovered from the house of the co-accused. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has no concern with the seized liquor nor with the coaccused from whose house the liquor was recovered. He has been falsely implicated in the case because his motorcycle was parked nearby. He is in custody since 22.4.2021 and charge

Patna High Court CR. MISC. No.63775 of 2021(2) dt.08-03-2022 2/2 sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Bhagwanpur P.S. Case no. 102 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Begusarai.

(Partha Sarthy, J) Prakash/- U