Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77725 of 2024 Arising Out of PS. Case No.-1280 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Suraj Kumar Son of Sharvan Ram Resident of Patiyasa, Ward No.6, P.S. - Ahiyapur (Garhan O.P.), District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur (Garha O.P.) PS Case No. 1280 of 2024 instituted for the offences under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 216 liters liquor was recovered from the house of the petitioner. Petitioner was arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.77725 of 2024(2) dt.29-10-2024 2/2 no concern with the alleged recovery of liquor. Recovery is made from joint house of the petitioner, where other family members also resides. The petitioner is in custody since 16-092024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Charge sheet has already been submitted in this case.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur (Garha O.P.) PS Case No. 1280 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T