Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67526 of 2021 Arising Out of PS. Case No.-731 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== Suraj Kumar Son of Sikandar Sah Resident of Village - Dumari Gobarsahi, P.S.- Sadar, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kudhni (Turki OP) P.S. Case No. 731 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

176.700 litres of foreign liquor has been recovered from a tempo and co-accused Jitan Kumar (driver) was apprehended on the spot who disclosed the name of this petitioner as one of his associates.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question and has got nothing to do with the alleged recovery. Petitioner is in custody since

Patna High Court CR. MISC. No.67526 of 2021(2) dt.21-12-2021 2/2 28.09.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Kudhani (Turki OP) P.S. Case No. 731 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T