Suraj Dom @ Suraj Ram @ Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88866 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Suraj Dom @ Suraj Ram @ Dom S/o Rajesh Dom Resident of VillageNarayan Colony, Sherghati, P.S. Sherghati, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise (Sherghati) PS Case No. 175 of 2024 instituted for the offences under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 100 litres of country made liquor was recovered from three wheeler Toto.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.88866 of 2024(2) dt.13-02-2025 2/2 that petitioner is the driver of the seized toto and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 08.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Sherghati) PS Case No. 175 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T