Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85413 of 2024 Arising Out of PS. Case No.-278 Year-2024 Thana- Excise Thana Hajipur District- Vaishali ====================================================== Suraj Kumar Son of Birendra Sharma @ Virendaar Sharma Resident of Village - Kushehar Khash , P.S - Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Excise P.S. Case No. 278 of 2024 instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 369 litres of foreign liquor has been recovered from two vehicles, i.e. Car and Pick-up van.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.

Patna High Court CR. MISC. No.85413 of 2024(2) dt.16-12-2024 2/2 Learned counsel further submitted that petitioner, in fact, was a passerby and he has got no concern with the alleged recovery of liquor at all. The petitioner is in custody since 03.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The coaccused person has already been granted bail by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 84442 of 2024.

5. Learned APP 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, claim based on parity 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 Hajipur Excise P.S. Case No. 278 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T