Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1440 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

Suraj Kumar S/O Ashok Yadav Resident Of Village- Biri Ranpal, P.S.- Udakishunganj, District- Madhepura.

2.

Ranjan Kumar S/O Anil Yadav Resident Of Village- Biri Ranpal, P.S.- Udakishunganj, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Firoz Raza For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Udakishunganj P.S. Case No. 307 of 2022 registered under section 30(a) of Bihar Prohibition and Excise Act, 2018.

Prosecution case relates to recovery of total 95 liters of country made liquor from a motorcycle bearing Registration No. BR11A-8730 which was kept in the bag of the petitioners. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics.

Patna High Court CR. MISC. No.1440 of 2023(2) dt.28-03-2023 2/3 It is further submitted that they have no concern with the seized illicit liquor. A statement has been made in para-3 of this petition that they have got no criminal antecedent. They are languishing in judicial custody since 10.09.2022. The application for bail is opposed by learned APP for the State and submitted that both the petitioners were apprehended with the seized motorcycle by the police on spot. The petitioners are directed to deposit a sum of Rs. 10,000/- (Ten Thousand) each in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Udakishungan P.S. Case No. 307 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V-cum-Special Judge Excise Act-I, Madhepura.

The bail bonds of petitioners shall be accepted by the learned Court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.1440 of 2023(2) dt.28-03-2023 3/3 10,000/- (Ten Thousand) each by the petitioners in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) shubham/- U T