Suraj Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67526 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- NAYA RAM NAGAR District- Munger ====================================================== Suraj Prajapati Son of Jodhan Prajapati R/o Vill.- Lahila Tadh, P.S.- Bokaro Thermal, Dist.- Bokaro ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Manish Kumar, learned counsel for the petitioner and Mr. Ajay Kumar No. 2, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 16.06.2024 in connection with Naya Ramnagar P.S. Case No. 83 of 2024, F.I.R. dated 16.06.2024 for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act.

3. Recovery is of 756 liters of foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the case. He further submits that it appears from the F.I.R. that 693 litres of foreign liquor has been recovered from pick up van and 63 litres of foreign liquor has been

Patna High Court CR. MISC. No.67526 of 2024(2) dt.25-09-2024 2/3 recovered from Alto car. He further submits that the petitioner was riding in Alto Car. He further submits that nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 16.06.2024.

5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released 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 Act, Munger in connection with Naya Ramnagar P.S. Case No. 83 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.67526 of 2024(2) dt.25-09-2024 3/3 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T