Sanjeev Kumar @ Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38839 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Sanjeev Kumar @ Sanjiv Kumar Son Of Bhagat Bahadur Resident Of Village- Nanja, Po- Kirti Nanja (27), Shimla, Ps- Kumarsen , Himachal Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawaz Shareef For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 93 of 2023 dated 04.03.2023 registered for the offences punishable u/s 272, 273, 419 and 420 read with 34 of the Indian Penal Code and Sections 30(a), 32(i)(ii) and 41(i)(ii) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 781.455 litres of foreign liquor was recovered from the truck.

Patna High Court CR. MISC. No.38839 of 2023(2) dt.05-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is a driver of the said vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2023 as stated in para 14 of the bail petition. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 93 of 2023.

The application stands allowed.

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