Patna High CourtCR. MISC./32953/2024bail granted

Sanjit Kumar v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32953 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Sanjit Kumar son of Tapeshwar Ray Resident of Village- Kawa dih, P.S.- Baligaon, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shah Nawaz Ali, Adv.

Mr. Padmanabh Kashyap, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sakra P.S. Case No. 402 of 2023 dated 22.08.2023 registered for the offences punishable u/ss272, 273, 120B, 420, 467, 468 read with section 34 of the IPC and section 30(a), 32(i)(ii), 36, 41(i)(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1278 litres of foreign liquor was recovered from the Pickup van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the said vehicle but the

Patna High Court CR. MISC. No.32953 of 2024(2) dt.01-05-2024 2/2 same was not being driven by him. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Sakra P.S. Case No. 402 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T