Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46008 of 2021 Arising Out of PS. Case No.-233 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Sanjeev Kumar, Son Of Late Ram Pratap Sah @ Ram Prasad Sah Resident Of Village - Lakadi Dhahi, P.S.- Town Thana, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Excise Case No.233 of 2021 (P.R. No.08 of 2021), instituted for the offences under Sections 30(a), 30(c), 30(d) and 32 of the Bihar Prohibition and Excise Act The learned counsel for the petitioner submits that the petitioner is in custody since 06.06.2021, he is a person with clean antecedent and prosecution report has been submitted in this case.

Allegation is of recovery of 1580 empty bottles from a Bolero pick-up van which belongs to the petitioner. Further that co-accused Kishori Sah, who was also arrested and

Patna High Court CR. MISC. No.46008 of 2021(2) dt.10-12-2021 2/2 disclosed about the liquor, based on which a raid was made at village Chaupar Bharat from where, 05 litre of liquor was recovered along with the articles meant for manufacturing illegal liquor was also recovered.

The learned counsel for the petitioner submits that no doubt, the petitioner was arrested at the spot and the Bolero vehicle belongs to him, but the petitioner is scrap dealer and he had collected the bottles thrown lying on the road, as such, no imputation can be imputed against him.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 06.06.2021, he is a person with clean antecedent and prosecution report has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No.233 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T