Patna High CourtCR. MISC./13480/2024bail granted

Sanjeev Kumar @ Jhallu Ray v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13480 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Sanjeev Kumar @ Jhallu Ray S/o Tewari Rai @ Tiwari Ray R/o vill - Surmar Meyari (Bajitpur), P.S. - Sarairanjan, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sarairanjan P.S. Case No. 271 of 2023, instituted for the offences punishable under Sections 30(a), 41(i) and 42(ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1417.5 liters liquor was recovered from different vehicles.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.13480 of 2024(2) dt.28-02-2024 2/3 with the alleged recovery of liquor. It is further submitted that petitioner is not owner/ driver/ helper of the seized vehicles. The petitioner is in custody since 20.01.2024 and has got two criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted anticipatory bail by Co-ordinate Benches of this Court vide order dated 18.12.2023 passed in Cr. Misc. No. 76644 of 2023, order dated 05.01.2024 passed in Cr. Misc. No. 759 of 2024, order dated 23.01.2024 passed in Cr. Misc. No. 84145 of 2023 and further the Co-ordinate Benches of the Court granted regular bail vide order dated 05.12.2023 passed in Cr. Misc. No.76263 of 2023, order dated 11.12.2023 passed in Cr. Misc. No. 79554 of 2023 and order dated 10.01.2024 passed in Cr. Misc. No. 85773 of 2023. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.13480 of 2024(2) dt.28-02-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarairanjan P.S. Case No. 271 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T