Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29030 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SANJAY KUMAR Son of Ram Naresh Prasad Resident of Village - Balirampur, Police Station - Sukhpura, District - Baliya (Uttar Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 56 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 100 litres of liquor is stated to have been recovered from the vehicle being driven by this petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered either from his possession or his vehicle. He has been falsely implicated in the case. The petitioner is in custody since 2.2.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.29030 of 2021(2) dt.10-12-2021 2/2 The prayer for bail of the petitioner is opposed by learned A.P.P. for the State who submits that the petitioner is a resident of outside the State of Bihar.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Excise Case no. 50 of 2021 (CIS 50 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge of Excise Act, Gaya subject to the condition that one of the bailors of the petitioner shall be a resident of a place within the jurisdiction of the learned Court below and the other bailor shall be a close relative of the petitioner. (Partha Sarthy, J) Bibhash/- U