Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72922 of 2022 Arising Out of PS. Case No.-663 Year-2022 Thana- MASAUDHI District- Patna ====================================================== SURAJ KUMAR Son of Raju Kumar Singh @ Raju Singh R/V- Panpura, P.SDhanarua, Dis- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special Case No. 6498 of 2022 read with Masaurhi P.S. Case No. 663 of 2022, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 120 litres of illicit liquor from a car and the petitioner is stated to have been apprehended while he was fleeing away.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.72922 of 2022(2) dt.10-02-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 09.10.2022. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 10 to the present petition, that the vehicle in question does not belong to the petitioner, hence the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the vehicle in question does not belong to the petitioner and the petitioner is languishing in custody since about four months, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.72922 of 2022(2) dt.10-02-2023 3/3 is directed to 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 learned Special Judge, Excise, Patna in connection with Special Case No. 6498 of 2022 read with Masaurhi P.S. Case No. 663 of 2022. (Mohit Kumar Shah, J) S.Sb/Saurav U T