Sanjeev Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5694 of 2023 Arising Out of PS. Case No.-112 Year-2020 Thana- NIMA CHANDPURA DistrictBegusarai ====================================================== SANJEEV KUMAR @ SANTOSH KUMAR Son of Rambalak Singh R/VKhamhara, P.s- Muffasil,Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate.

For the Opposite Party/s :

Mr. Satya Nand Shukla,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard Mr. Arjun Prasad, learned counsel for the petitioner and Mr. Satya Nand Shukla, learned Additional Public Prosecutor appearing for the State.

Petitioner apprehends arrest in connection with Neema Chandpura P.S. Case No. 112 of 2020 dated 18.12.2020 registered for the offence punishable under Sections 420, 120-B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation, the Police on the basis of secret information that a consignment of liquor has been brought on a truck, proceeded towards the place of occurrence and recovered a total quantity of 2898.810 litres of liquor from the possession of co-accused Ranvir Kumar who disclosed the name of

Patna High Court CR. MISC. No.5694 of 2023(7) dt.30-05-2023 2/3 petitioner and others and has said that the consignment of liquor was brought at the behest of the petitioner and other accused persons.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused. He further submits that the illicit liquor has not been recovered from the possession of the petitioner and/or vehicle or the premises belonging to him. There is no likelihood that the petitioner will abscond or tamper with the evidence while released on bail. The co-accused Krishna Kumar has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. 20037 of 2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that illicit liquor has not been recovered from the conscious possession of the petitioner and/or vehicle/premises belonging to him and other co-accused person has been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.5694 of 2023(7) dt.30-05-2023 3/3 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Begusarai, in connection with Neema Chandpura P.S. Case No. 112 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Ali/- U T