Patna High CourtCR. MISC./26424/2023bail granted

Sanjeet Kumar v. The State Of Bihar

2023-05-24Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26424 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== SANJEET KUMAR S/O LATE ANAND PASWAN Resident of VillageVishunpur Saraiya, P.S.- Dewariya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Paroo P.S. Case No. 46 of 2023 dated 30.01.2023 registered for the offence punishable under Sections 30(a), 32(ii) (iii), 36, 41 (i) (ii) of the Bihar Prohibition & Excise Act and Sections 467, 468, 471 and 120(B) of the Indian Penal Code.

3. It is alleged that on 30.01.2023, based on a secret information that a big consignment of illicit liquor was to be delivered in orchard of Chhapan Singh, the informant along with police team reached at the place of occurrence and seeing the police team some persons fled away by a vehicle, after chase petitioner was caught on a vehicle with Reg. No. BR06CL-5736

Patna High Court CR. MISC. No.26424 of 2023(2) dt.24-05-2023 2/3 on which 86.4 litres of illicit foreign liquor was recovered and on further search 1174.95 litres of illicit foreign liquor from one Pick-up vehicle bearing Reg. No. BR06GE-7255, was recovered. A total of 1261.35 litres of illicit foreign liquor was recovered from the place of occurrence and accordingly, a seizure list was prepared.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that no recovery has been made from the conscious possession of the petitioner. He has no concern with the Pick-up vehicle or concerned illicit foreign liquor. Lastly, it has been submitted that the petitioner is in custody since 30.01.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No. II, Muzaffarpur in connection with Paroo P.S. Case

Patna High Court CR. MISC. No.26424 of 2023(2) dt.24-05-2023 3/3 No. 46 of 2023.

(Khatim Reza, J) prabhat/- U T