Patna High CourtCR. MISC./68562/2023bail granted

Suraj Kumar v. The State Of Bihar

2023-10-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68562 of 2023 Arising Out of PS. Case No.-1538 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== 1.

SURAJ KUMAR SON OF LATE SATYENDRA PRASAD RESIDENT OF VILLAGE - SURJU BIGHA, POLICE STATIION - KHIZARSARAI, DISTRICT - GAYA 2.

NIRAJ KUMAR SINGH SON OF RAJENDRA SINGH RESIDENT OF VILLAGE - TIREEL BAST, DHURWA, POLICE STATION - NAGDI, DISTRICT - RANCHI (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are in custody since 29.08.2023 in connection with Excise P.S. Case No. 1538 of 2023 registered for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 126 of foreign liquor.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case merely on the basis of suspicion. He further submits that the petitioners have no concern with the alleged recovery of illicit liquor. He further submits that the petitioners were merely the passengers of the vehicle from which recovery has been made and they

Patna High Court CR. MISC. No.68562 of 2023(2) dt.19-10-2023 2/2 have no knowledge about the consignment.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 3, Gaya, in connection with Excise P.S. Case No. 1538 of 2023.

(Sandeep Kumar, J) Saif/- U T