Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17284 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== SANJEEV KUMAR Son of Late Sita Ram Ray Resident of Village - Harpur Mahmadda, Ward No.- 5, P.S.- Pusa, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(ii), 41(i)(ii) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 3133.08 litres of illicit liquor and 20 sacks of mahua from different vehicles and petitioner is owner of one of the pick-up van. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner lives at Delhi. He has got no criminal antecedent. He has no concern with the alleged recovery. Driver of his pick-up van, namely, Nand Kishore was apprehended on spot who has already been enlarged on bail by different co-

Patna High Court CR. MISC. No.17284 of 2023(2) dt.12-05-2023 2/2 ordinate Bench of this Court. His name dragged in the present case because of his ownership of the seized pick-up van. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 4.1.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-01, Samastipur in connection with Chakmehsi P.S. Case No. 207 of 2022.

(Sunil Kumar Panwar, J) sushma/- U