Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86297 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Suraj Kumar S/O Rabin Das Village- Chakbahauddin, Ward No 3, Ps. Dalsinghsarai, Distt. Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 495 litres of Indian Made Foreign Liquor from a Bolero pickup van bearing Reg. No. BR-06GE-9670.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the

Patna High Court CR. MISC. No.86297 of 2023(2) dt.11-01-2024 2/2 apprehended co-accused, namely, Vikash Kumar before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 12.08.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Exclusive Special Judge, Excise I, Samastipur in connection with Dalsinghsarai P.S. Case No. 311 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T