Suchit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66115 of 2022 Arising Out of PS. Case No.-178 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Suchit Kumar, S/O Dina Sahani @ Vina Sahni, Resident of Village- Balgudar, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Excise P.S. Case No.178C2/2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Having no antecedents, it is submitted that the petitioner is in custody since 08.07.2022, whereas prosecution has alleged recovery of 50 litres illicit liquor from the petitioner. The learned counsel for the petitioner submits that the petitioner has no concern with the alleged manufacturing of liquor, which was being investigated by the police. Being in the vicinity, he has become a victim of the circumstance. Investigation is complete.

Learned APP for the State has opposed the prayer for bail.

Having regard to the manner of recovery, submissions advanced by the parties, period of custody, clean antecedents of

Patna High Court CR. MISC. No.66115 of 2022(3) dt.10-02-2023 2/2 the petitioner as also the fact that investigation being complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, 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 5th Additional District & Sessions Judge-cum-Exclusive Special Court-2, Excise Act, Lakhisarai, District-Lakhisarai, in connection with Excise P.S. Case No.178C2/2022, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T