Sanjiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6442 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Sanjiv Kumar Singh Son Of Jagadish Prasad Singh Resident Of Village- Kali Sthan Akaspur, Rachiahi, Ps- Cheribariarpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Adv For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30 (a) , 32,41 (1) of the Bihar Prohibition & Excise Amendment Act.

3. The learned cousnel for the petitioner submits that the petitioner has clean antecedent and allegation is of recovery of 135 liters of liquor from Bolero vehicle.

4. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner is being owner of the vehicle is to be implicated in a mechanical manner. It is also submitted that

Patna High Court CR. MISC. No.6442 of 2024(2) dt.16-02-2024 2/2 Rakesh, Manjeet , Sudhir and Himanshu, who were friend of the petitioner, had taken the vehicle and they came to be arrested from the spot and the liquor was recovered. It is thus submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as earlier.

5. Learned A.P.P opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs, 5,000/- ( Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No.1,cum learned Additional Session Judge 4th, Lakhisarai in connection with Barahiya P.S.Case No. 247 of 2023, subject to the conditions laid down under section 438(2) of the Cr. P.C. (Satyavrat Verma, J) N.K/- U T