Patna High CourtCR. MISC./69132/2025bail granted

Surendra Das @ Sri Surendra Das v. The State Of Bihar

2025-11-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69132 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- BANGARA District- Samastipur ====================================================== Surendra Das @ Sri Surendra Das Yogeshwar Das @ Jugeshwar Das R/o Ward.No 13, Motipur, P.S. - Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Kishore, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with (N.H) Bangra P.S. Case No. 91 of 2025, instituted for the offences punishable under Sections 318(4), 338, 336(3) and 340(2) of the BNS, Section 420, 467, 468, 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 4940.295 liters liquor was recovered from Truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner

Patna High Court CR. MISC. No.69132 of 2025(4) dt.20-11-2025 2/3 was neither owner nor driver of the vehicle and the said recovery has been planted for extraneous consideration. The name of the petitioner has been disclosed by the co-accused. The petitioner is in custody since 31.08.2025 and has got nine criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 15.10.2025 passed in Cr. Misc. No. 71708 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with (N.H) Bangra P.S. Case No. 91 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.69132 of 2025(4) dt.20-11-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T