Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.471 of 2023 Arising Out of PS. Case No.-789 Year-2022 Thana- ARARIA District- Araria ====================================================== Suraj Kumar S/O Pramod Singh, R/O Village- Barhara Ward No.- 5, P.SRaniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode The petitioner seeks regular bail in connection with Araria (R.S.) P.S. Case No. 789 of 2022 lodged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, total recovery of 235.5 liter of wine has been made in this case.

Learned counsel for the petitioner submits that there were two vehicles apprehended by the police. In one vehicle 201.645 liter was recovered in which 6 persons including the petitioner were sitting. Counsel further submits that there is one criminal case pending against the petitioner and he is in custody

Patna High Court CR. MISC. No.471 of 2023(2) dt.25-03-2023 2/3 since 13.09.2022. He further submits that the co-accused having similarly allegation, has been granted bail by the Co-ordinate Bench of this Court vide order dated 06.01.2023 passed in Cr. Misc. No. 64736 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-Ist, Araria in connection with Araria (R.S.) P.S. Case No. 789 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No.471 of 2023(2) dt.25-03-2023 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T