Sanjay Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25714 of 2020 Arising Out of PS. Case No.-375 Year-2020 Thana- Turkaulia District- East Champaran ====================================================== Sanjay Kushwaha , age about 40 Male, S/o Shuwar Bhagat, Resident of Village Dhawahi, P.S. Harsidhi, Distt. East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s : Ms. Ranjana Srivastava, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Turkolia P.S. Case No. 375 of 2020 registered for the offence under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition of Excise Act, 2016.

A number of defects have been pointed out by the Stamp Reporter. Let the counsel for the petitioner remove the same within four weeks of normal functioning of the Court being restored.

As per allegation in the FIR, on secret information having been received, a raid was conducted on the shop. While two persons managed to escape, the petitioner was caught and

Patna High Court CR. MISC. No.25714 of 2020(2) dt.29-09-2020 2/2 29.3 litres of country liquor was recovered.

It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. No incriminating article has been recovered from the possession of the petitioner who has been arrested only on the basis of suspicion. The petitioner has no criminal antecedent and is in custody since 19.6.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Turkolia P.S. Case No. 375 of 2020 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 7th Additional Judge, Excise, Motihari, East Champaran.

(Partha Sarthy, J) Sushma/- U