Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38668 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== Sanjeev Kumar, S/O Dudhnath Prasad, R/o Village- Chainpur, P.S.- Goreya Kothi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh,Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Gorea Kothi P.S. Case No.57 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From a truck 25.920 litres illicit liquor was recovered. The recovery has led the police to search the petitioner's house from where there is alleged recovery of 138.960 litres of illicit liquor.

The petitioner's counsel submits that the petitioner has clean antecedents and the recovery is from a place accessible to one and all, for which the petitioner cannot be held liable. He is in custody since 29.03.2021 based on such

Patna High Court CR. MISC. No.38668 of 2021(2) dt.14-12-2021 2/3 allegations, which are false and motivated.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submission as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, 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 court of learned 2nd Additional District & Sessions Judge cum Special Judge, Excise, Siwan, in connection with Gorea Kothi P.S. Case No.57 of 2021, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates,

Patna High Court CR. MISC. No.38668 of 2021(2) dt.14-12-2021 3/3 his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T