Sanjay Rai@ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38628 of 2020 Arising Out of PS. Case No.-261 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== SANJAY RAI@ SANJAY KUMAR, son of Phuldeo Rai Resident of VillageMahmadpur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-04-2021 Heard Mr. Sunil Kumar Pandey, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kajra P. S. Case No. 261 of 2019, dated 28.09.2019, instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30 (a) and 38 of the Bihar Prohibition and Excise Act, 2016.

Huge quantity of liquor is said to have been recovered from a place where raid was conducted. The accusation against the petitioner is only on the basis of

Patna High Court CR. MISC. No.38628 of 2020(2) dt.27-04-2021 2/3 information received by the police on telephone that the petitioner and others were behind the storage of the aforesaid liquor which has been seized.

Further, it has been urged that there is no recovery from the possession of the petitioner. The petitioner was earlier made an accused in a case, in which he is on bail.

Under similar circumstances, one of the accused persons of this case, namely, Santosh Choudhary @ Santosh Kumar Chaudhary has been granted anticipatory bail vide order dated 24.06.2020, passed in Cr. Misc. No. 4947 of 2020.

Considering the aforesaid facts, the petitioner, above-named, is directed to be released on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.38628 of 2020(2) dt.27-04-2021 3/3 of the learned Special Judge, Excise, Muzaffarpur, in connection with Kajra P. S. Case No. 261 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T