Sanoj Kumar @ Sanoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44757 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- PANJWARA District- Banka ====================================================== Sanoj Kumar @ Sanoj Yadav Son Of Jai Jai Ram Yadav @ Jay Jay Ram Yadav Resident Of - Sadanandpur, P.S.- Baliya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Panjwara P.S. Case No. 44 of 2022 registered for the alleged offences under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, allegedly recovery of 172.575 Liter of Indian made liquor was made from two cars and the petitioner is stated to be the driver of the one of the cars. Learned counsel for the petitioner submits that the car from which recovery was made does not belong to this petitioner and he is merely a driver of the car who was not

Patna High Court CR. MISC. No.44757 of 2022(2) dt.30-09-2022 2/3 having any knowledge about the seized contraband. Nothing incriminating has been recovered from the conscious possession of this petitioner. Charge sheet has been submitted in this case and the petitioner is in custody since 18.04.2022 and is having clean antecedent.

Learned APP for the State opposes the prayer for bail. Having regard to the submission made on behalf of the parties and considering the clean antecedent of petitioner along with submission of charge sheet and his period of custody, the petitioner above named are 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 Additional District and Sessions Judge-V, Banka in connection with Panjwara P.S. Case No. 44 of 2022, 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.

Patna High Court CR. MISC. No.44757 of 2022(2) dt.30-09-2022 3/3 (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) rajnish/- U T