Sanjay Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29052 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Sanjay Kunwar Son of Satya Narayan Kunwar, Resident of VillageShankarpur Bakhadda, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2019 Heard both sides.

The petitioner apprehends his arrest in Matihani P.S. Case No.131 of 2018 registered under Section 414 of the Indian Penal Code and under sections 20 and 22 of the NDPS Act and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant received secret information on the basis of which one Tavera vehicle and two motorcycles were recovered. Four persons, namely, Saurabh Kumar, Dharmveer Kumar, Anil Kumar and Ankit Kumar were apprehended. On search, huge quantity of Indian made foreign liquor was recovered from Tavera vehicle and also from motorcycles. The house of Anil Kumar was also searched and four cartons containing Royal Stag Whisky were recovered. Nothing has been recovered from possession of Ankit Kumar. The

Patna High Court CR. MISC. No.29052 of 2019(2) dt.02-05-2019 2/3 apprehended accused are said to have disclosed the name of petitioner.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot. The apprehended accused persons disclosed the name of petitioner on account of village politics. The petitioner has got no criminal antecedent and no case under any section of the Excise Act has ever been lodged against the petitioner. The apprehended accused, namely, Dharmveer Kumar, Saurabh Kumar and Anil Kumar have already been granted bail.

Having considered the facts that nothing has been recovered from possession of the petitioner although the petitioner is said to have fled away but the petitioner has got no criminal antecedent and apprehended accused from whose possession huge quantity of liquor and ganja was recovered, have already been granted bail, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai in connection

Patna High Court CR. MISC. No.29052 of 2019(2) dt.02-05-2019 3/3 with Matihani P.S. Case No.131 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T