Sarbjeet Kumar @ Sarvjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25824 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- BARBIGHA District- Sheikhpura ====================================================== SARBJEET KUMAR @ SARVJEET KUMAR Son of Janardan Prasad @ Janardan Prasad Singh Resident of Village- Khoja Gachhi, P.S.- Barbigha, District- Sheikhpura.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 09/2019 arising out of Barbigha (BRB) P.S. Case No. 07 of 2019 disclosing offences under Sections 272, 273 and 34 of the Indian Penal code and Section 34 of the Indian Penal Code.

Prosecution case is that the police while on patrolling received the information that truck is parked at the place of occurrence loaded with liquor, where bolero car and a motorcycle is also parked there and 8 -10 persons were loading the cartoons in the vehicle and on the said information police raided the place of occurrence and recovered huge quantity of liquor from the truck as well as vehicle parked there. Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.25824 of 2019(3) dt.25-06-2019 2/2 that he has been made accused in this case only because his motorcycle was parked there but nothing has been recovered from the said motorcycle. Petitioner has no criminal antecedent and has falsely been made accused in this case. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 02nd Additional District and Sessions Judge, Sheikhpura, in connection with Excise Case No. 09/2019 arising out of Barbigha (BRB) P.S. Case No. 07 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T