Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10087 of 2019 Arising Out of PS. Case No.-374 Year-2018 Thana- SAHPUR District- Patna ====================================================== SANJAY KUMAR Son of Late Daroga Rai R/o Mohalla- Mubarakpur, Krishi Farm, P.S- Shahpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 11.12.2018 in connection with Shahpur P.S. Case No. 374 of 2018/Special Case No. 11708 of 2018 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information main gate of the agriculture farm was raided and he petitioner was found on the road with gallon containing 10 litres of Mahua wine. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has
Patna High Court Cr.Misc. No.10087 of 2019(2) dt.20-02-2019 2/2 been falsely implicated in the aforesaid case. He further submits that petitioner has been sufficiently punished as he is languishing in judicial custody for more than two months and undertakes to cooperate in the investigation. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Special Judge (Excise), Patna, in connection with Shahpur P.S. Case No. 374 of 2018/Special Case No. 11708 of 2018.
(Nilu Agrawal, J) Rajesh/- U T