Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37392 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SANJAY SAH Son of Badari Sah Resident of Village- Sahbajpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court. Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Ahiyapur P.S. Case No. 199 of 2021 registered for the offences punishable under Sections 272, 273, 34 of the IPC and Sections 30(a), 36, 41 of Bihar Prohibition and Excise Act.

There is recovery of 329 litres of illicit foreign liquor. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. It is further submitted that it appears from the FIR itself that nothing

Patna High Court CR. MISC. No.37392 of 2021(2) dt.03-12-2021 2/3 has been recovered from conscious possession of the petitioner. It is further submitted that on the basis of confessional statement of co-accused, petitioner was also indulged in the present case. It is further submitted that co-accused Sumit Kumar has been granted bail by a co-ordinate Bench of this court vide order dated 04.09.2021 passed in Cr. Misc. No. 37157 of 2021. Similarly, co-accused Raja Kumar has been granted bail by a co-ordinate Bench of this court vide order dated 21.08.2021 passed in Cr. Misc. No. 32786 of 2021. Similarly, co-accused Munna Kumar has been granted bail by a co-ordinate Bench of this court vide order dated 04.09.2021 passed in Cr. Misc. No. 37811 of 2021. Petitioner is in custody since 17.03.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 199 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.37392 of 2021(2) dt.03-12-2021 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T