Sanjeev Kumar Singh @ Putul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43801 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- SARAI District- Vaishali ====================================================== Sanjeev Kumar Singh @ Putul Singh, Son of Baiju Singh @ Baidhya Nath Singh, Resident of Village - Boariya, P.S.- Sarai, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh, Advocate For the Opposite Party/s :
Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks.
In the present case, the petitioner seeks bail in connection with Sarai P.S. Case No. 214 of 2021 registered for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.
Allegedly, 4132.44 litres of India made foreign liquor was recovered from a truck, a pick van and a motorcycle. The co-accused Kamlesh Sahni was arrested, who named this petitioner and other co-accused persons.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43801 of 2022(2) dt.30-09-2022 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The other co-accused persons have been granted bail by different Coordinate Benches of this Court vide order dated 15.04.2022 passed in Cr. Misc. No. 64643 of 2021 and vide order dated 11.02.2022 passed in Cr. Misc. No.65337 of 2021, respectively. Charge sheet has been submitted in this case and the petitioner is in custody since 09.05.2022 and is having clean antecedent.
Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner.
Having regard to the submissions made on behalf of the petitioner and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from his possession and further considering the submission of charge sheet and the period of custody of the petitioner as well as grant of bail to the co-accused as also clean antecedent of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-2-cum-Additional District and Sessions Judge, Hajipur
Patna High Court CR. MISC. No.43801 of 2022(2) dt.30-09-2022 3/3 at Vaishali, in connection with Sarai P.S. Case No. 214 of 2021, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T