Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64778 of 2023 Arising Out of PS. Case No.-462 Year-2023 Thana- BEUR District- Patna ====================================================== Suraj Kumar S/O Kaushal Kumar @ Mangal Mahto Resident Of Village And P.O.-Khabara, P.S.-Sadar Muzaffarpur, District-Muzaffarpur, Bihar, Presently Residing As Tenant At Flat No. 505, Kailash Enclave Apartment, 70 Feet, P.S.-Beur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hridayal Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 30(a), 37 of Bihar Prohibition & Excise Act.

3. The prosecution case in nutshell is that informant, being a police official, raided and seized 237.100 litres of I.M.F.L. from flat No. 505, Kailash enclave, at 70 feet, Patna. Petitioner along with coaccused persons were apprehended on the spot.

Patna High Court CR. MISC. No.64778 of 2023(2) dt.12-10-2023 2/3

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He has no concern with the seized illicit liquor. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 12.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Beur P.S. Case No. 462 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.64778 of 2023(2) dt.12-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T