Sanjay Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41840 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Sanjay Mallik son of Late Jawahar Mallik 2.

Raja Mallik son of Pradip Mallik 3.

Sunil Mallik son of Undev Mallik All resident of Vill- Kasiyauna Ps-Rajnagar Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 272, 273/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act in connection with Rajnagar P.S. Case No.85 of 2024.

3. The learned counsel for the petitioners submit that the petitioners are person with clean antecedent and the allegation is of recovery of 495 liters of liquor from a bamboo

Patna High Court CR. MISC. No.41840 of 2024(2) dt.04-07-2024 2/3 and a mango orchard.

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of 'Chowkidar'. It is further submitted that it absolutely does not stand to reason that a Chowkidar was aware of the involvement of the petitioners in the occurrence then why he did not inform the police prior to institution of the instant FIR, which cast an aspersion on the case of the prosecution.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Madhubani in connection with Rajnagar P.S. Case No.85 of 2024, subject to the conditions laid down

Patna High Court CR. MISC. No.41840 of 2024(2) dt.04-07-2024 3/3 under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T