Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58523 of 2022 Arising Out of PS. Case No.-512 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Sujit Kumar, Son Of Late Chhotelal Yadav, R/O Village- Basantpur, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 512 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, the petitioner was apprehended with 15 litres of illicit country made liquor with his motorcycle.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his

Patna High Court CR. MISC. No.58523 of 2022(2) dt.25-11-2022 2/3 conscious possession. The petitioner has no concern either with the illicit liquor or the motorcycle which was seized from the spot. The petitioner is in custody since 24.06.2022 and the charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner is accused in one case of similar nature. 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 against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 512 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also 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 every date fixed by the court below.

(iii) In case of absence on three consecutive dates

Patna High Court CR. MISC. No.58523 of 2022(2) dt.25-11-2022 3/3 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) balmukund/- U T