← Library
Patna High CourtCR. MISC./19051/2020bail granted

Sanjit Kumar @ Kari @ Sanjit Mahto v. The State Of Bihar

2020-05-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19051 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- Phulwariya District- Begusarai ====================================================== Sanjit Kumar @ Kari @ Sanjit Mahto (M), aged about 28 years, male, son of Late Sone Lal Mahto, resident of Village- Shokhara-2, P.S. Fulwariya, District Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Singh, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-05-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner who is in custody since 03.02.2020 has filed this application for grant of bail in connection with Fulwaria P.S. Case No. 11 of 2020 registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on the police party reaching the place of occurrence, it is stated that the petitioner attempted to leave his red coloured car and escape, but he was caught and on search about 207 litres of illegal liquor was recovered from the same.

It is submitted by learned counsel for the petitioner that the allegations as levelled are all false and concocted. No

Patna High Court CR. MISC. No.19051 of 2020(2) dt.14-05-2020 2/2 recovery as alleged has taken place. He has no concern with the so called recovered liquor or with the vehicle from which the liquor is said to have been recovered. He has no criminal antecedent and he is in custody since 3.2.2020. It is further submitted that the investigation in the case has already been concluded and charge-sheet has been submitted. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent, his being in custody since 3.2.2020 and the investigation in the case having concluded, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Fulwaria P.S. Case No. 11 of 2020 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Sushma/- U T