Sajan Kumar @ Sarjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17704 of 2020 Arising Out of PS. Case No.-229 Year-2019 Thana- HISUWA District- Nawada ====================================================== Sajan Kumar @ Sarjan Kumar, Son of Kapil Rajwanshi, Resident of villageBabhanour, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-10-2021 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The present petition under Section 438 of the Cr.P.C. is for anticipatory bail to the petitioner in connection with Hisua P.S Case No. 229 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Allegation made against the petitioner is that total 3 litres country made liquor was recovered from the dickey of the motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Learned counsel

Patna High Court CR. MISC. No.17704 of 2020(2) dt.22-10-2021 2/2 submits that the petitioner has got no criminal antecedent, hence, there is no impediment in granting anticipatory bail to the petitioner.

Learned APP appearing on behalf of the State, vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

In the facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the even of his arrest or surrender before the Court below within four weeks from today, 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-IIcum-Special Judge, Nawada in connection with Hisua P.S. Case No. 229 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Purnendu Singh, J) Niraj/- U T