Suraj Mehta @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72496 of 2022 Arising Out of PS. Case No.-411 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== SURAJ MEHTA @ SURAJ KUMAR Son of Umesh Mehta R/v- Chakorwa Sonapur, P.S.- Bathnaha (O.P.), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 75 litres of Nepali liquor from a Hero Honda C.D. Delux motorcycle and one person managed to escape. Local people disclosed that alleged liquor belongs to the petitioner, who managed to escape. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the local villagers before the police,

Patna High Court CR. MISC. No.72496 of 2022(2) dt.13-01-2023 2/2 which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner has surrendered and languishing in judicial custody since 5.11.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Araria in connection with Narpatganj (Bathnaha) P.S. Case No. 411 of 2022. (Sunil Kumar Panwar, J) sushma/- U