Sanjay @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17737 of 2019 Arising Out of PS. Case No.-407 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Sanjay @ Sanjay Kumar S/o Sita Ram Sao, Resident of Mohalla-Dundi Bazar, P.S-Chauk, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2019 Heard both sides.

The petitioner apprehends his arrest in Chauk P.S. Case No.407 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant, who is a police officer of Chauk P.S., disclosed that he got information that a woman was selling liquor from her own house. On such, the police proceeded to verify the information and raided the said house and recovered huge quantity of liquor from there. The apprehended woman disclosed her name as Gudiya Devi wife of Md. Aslam. The apprehended lady disclosed that she used to purchase country made liquor from Sanjay son of Sitaram Sao and Md. Afroz at Rs.50/- per bottle and used to sell at Rs.100/- per bottle. Learned counsel for the petitioner submits that save

Patna High Court CR. MISC. No.17737 of 2019(2) dt.27-03-2019 2/2 and except the disclosure made by Gudiya Devi from whose house huge quantity of liquor was recovered, there is no material to show that the petitioner ever sold any liquor to Gudiya Devi. Neither the house of the petitioner was raided nor anything was recovered from possession of the petitioner. The petitioner has got no criminal antecedent.

Having considered the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.9730 of 2018 arising out of Chauk P.S. Case No.407 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T