Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74116 of 2022 Arising Out of PS. Case No.-270 Year-2022 Thana- PIPRA District- East Champaran ====================================================== 1.

Suraj Kumar Son Of Vinod Chaudhary Resident Of Village- Bhikhanpura, P.S.- Ahiyapur, District- Muzaffarpur.

2.

Akindar Kumar Son Of Lalbabu Sahani Resident Of Village- Jhapaha Dih, P.S.- Ahiyapur, District- Muzaffarpur.

... ... petitioners/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the petitioners/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Pipra P.S. Case No. 270 of 2022 lodged under Sections 272, 273, 414 of the I.P.C. and Section 30(a) of the Bihar Prohbition and Excise Act.

As per the prosecution case, total recovery of 94.86 liter of wine has been made, which is subject matter of the present case.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Counsel submits that petitioners are not the owner of the seized

Patna High Court CR. MISC. No.74116 of 2022(3) dt.25-03-2023 2/2 Alto car. He further submits that petitioners are in custody since 01.09.2022 having clean antecedent. Counsel also submits that petitioner was alleged to be the driver of the said car and one person was seating in the car. He submits that due to political rivalry this case was implemented against the petitioners. He further submits that from the seizure list it transpires that there is a gross violation of Section 100 of the Cr.P.C. 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 petitioners 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 Judge Excise, Court-2, East Champaran, Motihari in connection with Pipra P.S. Case No. 270 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

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