Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18370 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- CHANDI District- Nalanda ====================================================== SANJIT KUMAR Son of Uday Rai @ Uday Yadav Resident of VillageMaujipur, Police Station- Nadi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 420, 468, 467, 471 of the I.P.C. and Sections 30(a), 32(ii)(iii), 36, 41(i) of Bihar Prohibition and Excise Act.

341.94 liters of foreign liquor has been recovered from a truck, of which, own brother of petitioner is registered owner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. As per F.I.R. itself, brother of the petitioner is owner of said truck and petitioner has got no concern with the same. Petitioner is in custody since 04.03.2022.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has one criminal

Patna High Court CR. MISC. No.18370 of 2022(2) dt.26-05-2022 2/2 antecedent of similar nature.

Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of case, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T