Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21538 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== SANJAY KUMAR Son of Rajkumar Bhagat Resident of Village - Rupauli Bisunpur, P.S.- Minapur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 10.03.2020 in connection with Minapur P.S. Case No. 85 of 2020 for the offences alleged under Section 30(a) of Bihar Prohibition and Excise Act, 2016, Sections 272, 273, 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of total 6.84 litres of

Patna High Court CR. MISC. No.21538 of 2020(2) dt.24-07-2020 2/3 wine and one country-made pistol with two cartridges from a Maruti Omni van. It is submitted that the petitioner has no concern with the seized goods and the recovery of the goods has not been made from his conscious possession. As a matter of fact, it is the petitioner's brother, Ajay Kumar, who was doing business of wine along with one co-villager Kameshwar Kumar for which the Maruti Omni van was being used. The petitioner claims clean antecedents.

4. Learned APP appears and invites reference to the order of the learned Special Judge,Muzaffarpur, noticing that the documents relating to the Maruti Omni van from which recovery was made, showed that the said vehicle was under the control of the petitioner.

5. Be that as it may and having regard to the period of custody already suffered since 10.03.2020, let the petitioner above named be released on bail upon completion of six months in custody 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, Muzaffarpur in connection with Minapur P.S. Case No. 85 of 2020, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been

Patna High Court CR. MISC. No.21538 of 2020(2) dt.24-07-2020 3/3 removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) HR/Ibrar U T