Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25691 of 2020 Arising Out of PS. Case No.-518 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

SANJAY KUMAR, S/o Suraj Prasad Resident of Village- Ali Neura, P.S.- Minapur, District- Muzaffarpur.

2.

Karan Kumar, S/o Bhawesh Thakur Resident of Village- Ali Neura, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sharan Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2020 Heard Mr. Shambhu Sharan Singh, learned counsel for the petitioners and Mr. Amitesh Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Minapur P. S. Case No. 518 of 2019 dated 25.09.2019, instituted for the offences under Sections 272, 273, 420 and 120 (B) of the Indian Penal Code and Section 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioners are reported to be the owners of the two vehicles from where 261 litres and 64 litres of

Patna High Court CR. MISC. No.25691 of 2020(3) dt.24-11-2020 2/3 liquor, respectively, have been recovered.

It is the case of the petitioners that their vehicles were misused by others. The name of the petitioners was taken by one Sanjay Kumar while he was taken into custody by the police.

Thus, for all practical purposes there is no recovery from the personal possession of the petitioners and they have clean antecedents.

Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Muzaffarpur, in connection with Minapur P. S. Case No. 518 of 2019 dated 25.09.2019, subject to the conditions as laid down under Section 438 (2)

Patna High Court CR. MISC. No.25691 of 2020(3) dt.24-11-2020 3/3 Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T