Patna High CourtCR. MISC./82639/2023allowed

Suraj Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82639 of 2023 Arising Out of PS. Case No.-514 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== SURAJ KUMAR S/O Vind Sharma, R/O - vill-Bada Bariyarpur, ps.- Chhatauni, Dist.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 279, 337, 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 204 liters of illegal foreign liquor from a car.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that one co-accused namely, Abhigyat Kumar, who apprehended on spot and on his confessional statement the name of the petitioner has come into light.

Patna High Court CR. MISC. No.82639 of 2023(2) dt.20-12-2023 2/2 Petitioner is not arrested on spot. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He is languishing in judicial custody since 14.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court cocnerned in connection with Chhatauni P.S. Case No. 514 of 2023.

(Sunil Kumar Panwar, J) Arish/- U