← Library
Patna High CourtCR. MISC./14619/2025allowed

Sanjeet Kumar v. The State Of Bihar

2025-03-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14619 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sanjeet Kumar Son of Ramsagar singh Resident of village- kharuhi, PsKundwachainpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier the prayer for anticipatory bail of the petitioner was allowed by this Court vide order dated 11.12.2024 passed in Cr. Misc. No.82570 of 2024, but due to criminal antecedent, the petitioner could not furnish his bail bond.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious

Patna High Court CR. MISC. No.14619 of 2025(2) dt.05-03-2025 2/3 possession of the petitioner rather 178.8 litres of Nepali liquor is said to have recovered from motorcycle. He submits that the petitioner is not the owner of the seized motorcycle. He further submits that petitioner has three criminal antecedents of similar nature and has been languishing in custody since 08.01.2025.

5. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kundwachaipur P.S. Case No.131 of 2024, subject to the further conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to

Patna High Court CR. MISC. No.14619 of 2025(2) dt.05-03-2025 3/3 inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) anand/- U T