Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32428 of 2021 Arising Out of PS. Case No.-554 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== SANJAY KUMAR S/o Shyam Sundar Prasad @ Shyam Sundar Sah R/o village- Harsidhi, Pakariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Harsidhi P.S. Case no. 554 of 2020 instituted for the offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 11.805 litres from the cattle-shed of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. The alleged cattle-shed belongs to the father of the petitioner, who was arrested on spot. Neither the petitioner was arrested on spot

Patna High Court CR. MISC. No.32428 of 2021(2) dt.22-02-2022 2/2 nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Harsidhi P.S. Case no. 554 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T