Patna High CourtCR. MISC./61600/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-08-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61600 of 2024 Arising Out of PS. Case No.-699 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Suraj Kumar S/o Vinod Saw R/o Village- Hariharganj, P.S.- Hariharganj, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 699 of 2024 dated 20.07.2024 registered for the offences punishable under Section 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 525 litres of illicit spirit was recovered from the Scorpio Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the

Patna High Court CR. MISC. No.61600 of 2024(2) dt.28-08-2024 2/2 alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Excise P.S. Case No. 699 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T