Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51030 of 2016 Arising Out of PS.Case No. -225 Year- 2016 Thana -KOTWALI District- MUNGER ====================================================== Sanjiv Kumar Son of Satish Prasad Resident of Mohalla- Basudeopur, Dominia Toli, P.S.- Kotwali, District - Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Arun, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 28.08.2016 in connection with (Munger) Kotwali P.S. Case No. 225 of 2016 registered for the offence punishable under Section 47 of the Bihar Excise (Amendment) Act.
The prosecution case, as lodged by the police, is that during raid they apprehended the petitioner and from water tank situated behind the house seized about 40.500 litres of foreign liquor kept in bottles. On interrogation, petitioner stated that these articles belong to one Shambhu Sah and is paid Rs. 200/- per day to be kept in safe place.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.51030 of 2016 (2) dt.28-11-2016 2/2 petitioner that he has got no criminal history and that nothing has been recovered from his conscious possession. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, considering the facts and circumstances and that charge-sheet has already been submitted as also that the petitioner's liberty on bail would not affect his trial, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with (Munger) Kotwali P.S. Case No. 225 of 2016.
(Nilu Agrawal, J.) Arjun/- U T