In The High Court of Judicature At Patna

(Criminal Miscellaneous Jurisdiction)

Criminal Misc no. Of 2021

Suraj Prakash ------------------------------Petitioner

Versus
The State of Bihar ------------------------------------------------Opp. Party

Sub: Regular Bail

Index
Sl. No. Particulars Page No.

1. An application with affidavit 1 to……….

2.Annexure-1 A Certified/typed copy of the F.I.R

bearing Aurangabad (Town) P.S case
no. 501 of 2021

3. Impugned Order

4. Vakalatnama

1.
 In the High Court of Judicature At Patna
(Criminal Miscellaneous Jurisdiction)
Criminal Misc no. Of 2021
In the matter of an application

under Section 439 and 440 of

the code of criminal Procedure

And

In the matter of

Suraj Prakash son of Shri Jagdish Chandra resident of village- Laroka,

P.S- Naushera, Distt:- Rajauri (Jammu)

Suraj Prakash ……………………………Petitioner

Versus

The State of Bihar ……………………………Opp. Party

To

The Hon’ble Mr Justice Sanjay Karol the Chief Justice of the High

Court of Judicature at Patna and his companion Justices of the said

Hon’ble court.

The humble petition on behalf

of the abovenamed petitioners.

 2.

MOST RESPECTFULLY SHEWETH: -

1. That this petition is being filed for grant of regular bail to the

petitioner above named who is in judicial custody in connection

with Aurangabad (Town) P.S Case No. 501 of 2021 instituted for

offence punishable under section 30 (a) of the Bihar Excise and

Prohibition Amendment Act, 2018.

2. That no such application has earlier been filed either or on behalf

of the petitioner seeking similar relief.

3. That the petitioner has no criminal antecedent.

4. That the prosecution case in brief is that on 12.11.2021 police was

on patrol and on suspicion a truck bearing no. BR 06 GC/2351 was

stopped and from search total 5571 litre illegal foreign liquor has

been recovered and two mobiles have been recovered from the

truck driver namely Suraj Prakash and on being interrogated the

driver disclosed that the truck was being plied from Daltonganj.

A Certified/typed copy of the

F.I.R bearing Aurangabad

(Town) P.S case no. 501 of

2021 is being annexed herewith

and
 3.

marked as annexure-1 to this

application.

5. That at the outset it is humbly and respectfully submitted that the

petitioner has committed no offence as alleged in the F.I.R.

6. That the petitioner is alleged to be driven of the vehicle in question.

7. That neither the seized wine nor the vehicle in question belong to

the petitioner.

8. That the petitioner has nothing to do with the alleged recovered

wine.

9. That the petitioner has nothing confessed before the police and he

has been falsely implicated in this case.

10. That the total quantity of alleged recovered wine is 5571 litre

foreign wine.

11. That the petitioner is in judicial custody since 13.11.2021.

12. That thus under the facts and circumstances stated above it is

humbly and respectfully submitted that the petitioner is alleged to be

driver and neither the truck nor the alleged recovered wine belongs

to him and he bears clean and fare antecedent.

 4.

13. That the petitioner is a man of mean and he is ready to appear

as and when called upon to do so and he undertakes not to

abscond or tamper with the evidence.

14. That the petitioner’s prayer for regular bail has been rejected

vide order dated 25.11.2021 passed in Aurangabad Town P.S

Case No. 501 of 2021 in General Registration no. 1580 of 2021 by

the Learned court of Additional District and Session Judge II cum

Special Judge, Aurangabad.

It is therefore prayed that your

Lordships may graciously be

pleased to admit this application

and having heard the parties

further be pleased to grant

regular bail to the petitioner

above named on execution of

bail bond and sureties to any

reasonable amount to the

satisfaction of Learned court of

Additional District and Session

 5.

Judge II cum Special Judge,

Aurangabad, Bihar.

And/or

Pass such other order(s) as

your Lordships may deem fit

and proper in the interest of

justice.

And for this the petitioner shall ever pray.

 6.

AFFIDAVIT

I…………………………. (Male), son of……………………………, resident

of …………………………… do here by solemnly affirms and state as
follows: -

1. That I am……………………. of the petitioner in this case and as

such I am well acquainted with the facts and circumstances of this
case.
2. That the contents of this petition have been read over and
explained to me in Hindi which I have under stood the same and
they are true to my knowledge and information.
3. That the Annexures are true/photocopies of their respectively
originals.