Suraj Das @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82540 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Suraj Das @ Suraj Kumar S/O Ram Lochan Das R/O Village- Noneya, P.SPaharpur, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 79.260 litres of Nepali liquor is said to have been recovered from the house of Jinti Devi. She disclosed before the police that petitioner is the supplier of the Nepali liquor. Petitioner has no concern either with the seized liquor or the place of recovery or

Patna High Court CR. MISC. No.82540 of 2023(2) dt.22-12-2023 2/3 any trade of liquor. Petitioner has two criminal antecedents as mentioned in para-3 of this application in which he is on bail.

4. Petitioner is agreed to deposit a sum of Rs. 15,000/- (Rupees Fifteen Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code : 800016018.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Paharpur P.S. Case No. 276 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the

Patna High Court CR. MISC. No.82540 of 2023(2) dt.22-12-2023 3/3 aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Ranjeet/- U T