Sanjay Kumar @ Barku @ Badku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19352 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- MALSALAMI District- Patna ====================================================== SANJAY KUMAR @ BARKU @ BADKU S/O LATE LAXMI NARAYAN YADAV Resident of Village- Shimli Sahadra,Ramdhani Road, P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Malsalami P.S. Case No.77 of 2023 dated 02.02.2023 registered for the offence(s) punishable under Section(s) 30(a) and 36 of the Bihar Prohibition and Excise Act, 3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 40 litres of illicit Mahuwa wine and the same is stated to have been recovered from a general store and the same has wrongly been shown as shop of this petitioner, in actual the petitioner's house is situated near the said shop and mainly on misconception the petitioner has been shown as

Patna High Court CR. MISC. No.19352 of 2023(2) dt.09-05-2023 2/2 owner of the said shop and he has no concern either with the said shop or the seized wine and he has fair and clean antecedent and has been languishing in jail since 03.02.2023 and against him the investigation has been completed. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and completion of investigation against him and his young age as mentioned in the petition, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Malsalami P.S. Case No.77 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T