Sanjay Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18841 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== SANJAY NAYAK Son of Late Lakshmi Yadav Resident of Village - Jaynagar, Fardahi Tola, P.S.- Jaynagar, District - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-272, 273, 414/34 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act, 2022.

The prosecution case, in short, is that 327.915 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that total 327.915 liters wine is recovered from three different motorcycles and out of which, 21.915 litres wine is recovered from joint house of the petitioner. Except for this, there is no other substantive evidence

Patna High Court CR. MISC. No.18841 of 2023(2) dt.10-05-2023 2/2 to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Jaynagar P.S. Case No. 50 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T