Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11086 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Sanjay Kumar S/O Late Satyendra Chaudhary @ Late Satyendra Chaudhary R/V- Mathsa (Mansa), P.S.- Mufassil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Promad Kumar Singh For the Opposite Party/s :

Mr. Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

Prosecution case relates to recovery of 60 liters country made liquor from a motorcycle bearing Registration No. BR02BH-4189 which allegedly belongs to the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.11086 of 2023(2) dt.04-05-2023 2/3 Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from his possession. It is further submitted that the petitioner is languishing in judicial custody since 25.12.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is apprehended on spot with the alleged recovery of illicit.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khizersarai P.S. Case No. 482 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Gaya.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the

Patna High Court CR. MISC. No.11086 of 2023(2) dt.04-05-2023 3/3 account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T