Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56968 of 2023 Arising Out of PS. Case No.-584 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== 1.
SURAJ KUMAR SON OF SRI HAKIM SAH RESIDENT OF VILLAGEMAJHARIYA, PS- GAUNAHA, DIST- WEST CHAMPARAN 2.
MUKESH KUMAR SON OF MEGHU KUSHWAHA @ MEGHU MAHTO RESIDENT OF VILLAGE- MORE BELWA, PS- GAUNAHA, DISTWEST CHAMPARAN ... ... petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr.Sagar Kumar For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(i)(ii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 682 liters of illegal spurious foreign liquor from a pick-van, which was being driven by the petitioner no. 1.
Patna High Court CR. MISC. No.56968 of 2023(3) dt.21-09-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 01.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. The petitioner no. 1 is directed to deposit Rs. 20,000/- (twenty thousand) in the account of concerned DLSA.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Kanti P.S. Case No. 584 of 2023.
8. The bail bond of the petitioner no. 1 shall be
Patna High Court CR. MISC. No.56968 of 2023(3) dt.21-09-2023 3/3 accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/- (twenty thousand) by the petitioner no. 1 in the account of concerned DLSA.
(Sunil Kumar Panwar, J) arish/- U