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2025 DAILYLAW 24461 (PAT)

Suraj Kumar v. The State of Bihar

CR. MISC./14086/2025 · 2025-02-28

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14086 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- GOPALPUR District- Bhagalpur ====================================================== Suraj Kumar S/O Laxman Mandal Resident Of Village - Dumaria, P.S- Gopalpur,Dist.- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Gopalpur PS Case No. 270 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 13 litres of country made liquor was recovered from motorcycle and 50 litres of country made liqour was recovered from second motorcycle. 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.14086 of 2025(2) dt.28-02-2025 2/2 that motorcycles in question do not belong to the petitioner. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co- accused person namely, Sunil Kumar. The petitioner is in custody since 20.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co- accused has been granted regular bail by this Court vide order dated 06.02.2025 passed in Cr. Misc. No. 5335 of 2025. 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalpur PS Case No. 270 of 2024. Raj Ranjan/- (Rudra Prakash Mishra, J) U T