Sanjeev Kumar Karan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45641 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== SANJEEV KUMAR KARAN S/o- MADAN LAL DAS Village- Babubarhi Ps- babubarhi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2023 Heard the parties.

The petitioner is apprehending arrest in connection with Babubarhi P.S. Case No. 252 of 2022 instituted under under Sections 341, 323, 504, 353, 272, 273 of the Indian Penal Code and 30(a)/37/41 of the Bihar Prohibition and Excise Act lodged on 22.10.2022 by the informant, Arbind Kumar Singh, As per the prosecution story, the police upon information intercepted a motorcycle, the person riding it arrested and it is alleged that 1.500 ml liters of wine was recovered/seized. Accordingly, the FIR.

It is the case of the petitioner that although the ownership of the motorcycle is in his name, his brother had taken the same for a ride and he was not aware that the same is being used for carrying the wine. His further submission is that

Patna High Court CR. MISC. No.45641 of 2023(2) dt.04-08-2023 2/3 he do not have criminal antecedent.

Learned APP opposes the prayer stating that the posed the motorcycle.

Considering the fact that his brother stand arrested with the motorcycle, he do not have criminal antecedent and will be facing the trial, this Court is inclined to extend him privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Babubarhi P.S. Case No. 252 of 2022 to the satisfaction of learned Additional Sessions Judge-II cum Special Judge Excise Act, Madhubani subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.45641 of 2023(2) dt.04-08-2023 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T