Suraj Mehta @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72858 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- FULKAHA District- Araria ====================================================== SURAJ MEHTA @ SURAJ KUMAR, Male, age 22 years, SON OF UMESH METHA R/O VILL.- CHAKORWA SONAPUR, P.S.- BATHNAHA (O.P.), DISTT.- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pronoti Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Fulkaha P.S. Case No. 124 of 2022 dated 13.10.2022 registered for the offence(s) punishable under Section(s) 30(a), 41(i) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that though the petitioner is named in the FIR but he was not arrested at the spot and his name surfaced in the statements of two arrested co-accused persons, namely, Mantu Kumar @ Mantu Kumar Mandal and Ram Kumar, who have been granted bail by different coordinate Benches of this Court vide orders passed in Cr. Misc.

Patna High Court CR. MISC. No.72858 of 2022(2) dt.25-04-2023 2/2 Nos.67793 of 2022 and 71324 of 2022 respectively and against the petitioner, there is criminal antecedent of one case in which he is on bail and he has been languishing in jail since 18.11.2022.

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

5.Considering the above submissions and mainly the facts that the petitioner was not apprehended at the spot and his name surfaced in the statements of two apprehended coaccused persons, who are on bail, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Fulkaha P.S. Case No. 124 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T