Sujit Kumar @ Sujit Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60861 of 2025 Arising Out of PS. Case No.-369 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== Sujit Kumar @ Sujit Kumar Giri, S/o Rajendra Giri, R/o Village- Duccan Road, Dumariya Tola, P.S.- Hariaya, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Raxaul (Haraiya) P.S. Case No. 369 of 2021 for the offences registered under Sections 30(a), 32, 34, 41(1) of the Bihar Prohibition & Excise Act.

3. On getting secret information, police party conducted raid in the house of petitioner and recovered 6.660 litre Nepali liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not apprehended on the spot. Nothing has been recovered from the possession of the petitioner. Petitioner has no concern with the seized liquor. Recovery has been made from a joint family property. Petitioner had no knowledge about the same. There is no independent witness to the seizure-list. Charge-sheet

Patna High Court CR. MISC. No.60861 of 2025(2) dt.18-09-2025 2/2 has already been submitted after completion of investigation. Petitioner has three criminal antecedents in which he is on bail. Petitioner is in custody since 28.06.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Exclusive Court No. 1, East Champaran, Motihari in connection with Raxaul (Haraiya) P.S. Case No. 369 of 2021, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.

(Sunil Dutta Mishra, J.) rakhi/- U T