Sanjay Lal Dev @ Ganauri Lal Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9847 of 2019 Arising Out of PS. Case No.-537 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== SANJAY LAL DEV @ GANAURI LAL DEV, Son of Ram Chandra Lal Dev R/o village/Mohalla- Biuni, P.S- Bahadurpur (Pator O.P), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in G.O. Case No. 1103 of 2018 arising out of Bahadurpur P.S. Case No. 537 of 2018, instituted for the offence under Section(s) 30(a), 32(2) and 41(1) of Bihar Excise (Amendment Act), 2016.

Counsel for the petitioner submits that on the basis of confessional statement of driver of Scorpio vehicle namely, Bablu Lal Dev, 2245.68 liters of foreign liquor kept in 254 cartons have been recovered from Shiv Mandir. Police arrested Bablu Lal Das and he disclosed the name of this petitioner and other accused persons. He disclosed the name of owner of the Scorpio vehicle as Rohit Lal Dev.

From the seizure list it appears that recovery has

Patna High Court Cr.Misc. No.9847 of 2019(2) dt.19-02-2019 2/2 been made from the Shiv Mandir.

Petitioner is in custody since 22.12.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge-cum-Special Judge (Excise Act), Darbhanga, in connection with G.O. Case No. 1103 of 2018 arising out of Bahadurpur P.S. Case No. 537 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T