Sanjeevan Kumar @ Aashish Kumar Adarsh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5584 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sanjeevan Kumar @ Aashish Kumar Adarsh S/o Late Babu Raj Singh @ Late Bab Raj Singh Vill-Narhan (Behind State Bank) P.S-Bibhutipur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar : Mr. Praveen Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Bibhutipur PS case no. 307 of 2018 registered for the offence punishable under Sections 272, 273 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 12 liters of illicit liquor from the alleged cloth shop of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is an accused in three other cases but he undertakes that in case, he is made accused in a similar type of case henceforth, the present

Patna High Court Cr.Misc. No.5584 of 2019(2) dt.31-01-2019 2/2 privilege of bail being granted to the petitioner be automatically cancelled. Lastly, it is submitted that the petitioner is languishing in custody since 19.11.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIIrd-cum-Special Judge, Excise, Samastipur in connection with Vibutipur PS case no. 307 of 2018. It is needless to state that in case, the petitioner is implicated in a similar type of case henceforth, his bail bond shall be cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T