Patna High CourtCR. MISC./13218/2024bail granted

Sanjay Das @ Sanjay Kumar Das v. The State Of Bihar

2024-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13218 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Sanjay Das @ Sanjay Kumar Das, son of Rambhagat Das Village- Brahmpur Ps- Kamtaul Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

1. 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 420, 120(B) and 34 of the I.P.C. and Sections 30(a), 32(i)(ii) and 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 2937.06 litres of liquor from a truck.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is neither the owner, nor the driver of the seized truck and he came to be implicated based on confessional statement of Rakesh Kumar in

Patna High Court CR. MISC. No.13218 of 2024(2) dt.06-03-2024 2/2 police custody, which does not have any evidentiary value.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-1, Darbhanga in connection with Kamtaul P. S. Case No.216 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T