Sajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11917 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Sajan Kumar Son of Awadhi Sahani Resident of Village- Baghopur, P.S.- Rosera, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Rosera PS Case No. 56 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that, 73.860 litres of liquor was recovered from a hut.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and 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 with the alleged recovery of liquor. It is submitted that the hut does not belong to the petitioner. It is further submitted that the name of the petitioner has transpired on the
Patna High Court CR. MISC. No.11917 of 2025(2) dt.21-02-2025 2/2 basis of confessional statement of apprehended co-accused person. The petitioner is in custody since 02.12.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted anticipatory bail by this Court vide order dated 25.06.2024 passed in Cr. Misc. No. 40420 of 2024. 5.
Learned A.P.P. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rosera PS Case No. 56 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T