Sanjay Kumar Jaiswal @ Sanjay Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12231 of 2017 Arising Out of PS.Case No. -760 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Sanjay Kumar Jaiswal @ Sanjay Jaiswal son of Shri Gauri Shankar Jaiswal resident of Shahi Colony, Hajipur, P.S. Nagar Hajipur, District Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Hajipur Town P.S. Case No. 760 of 2016 instituted for the offence under sections 188, 420, 120(B)/34 of the Indian Penal Code and Sections 30, 47, 38, 48 of the Bihar Prohibition & Excise Act. It has been submitted on behalf of the petitioner that illicit liquor has been recovered from a container which was being driven by Narendra Kumar Sharma and Birendra Choudhary was found sitting on the aforesaid truck.

It is mentioned in the written report that on interrogation, apprehended persons disclosed name of this petitioner and others.

It is alleged that the alleged illicit liquor was being sold by accused persons including this petitioner in partnership.

Patna High Court Cr.Misc. No.12231 of 2017 (2) dt.23-03-2017 2/2 Besides this, there is no allegation of any specific overt act against this petitioner. It has been submitted that petitioner has no concern with the illicit liquor which has been recovered from the aforesaid truck.

From the order of the Sessions Judge. it also appears that there is no substantive material against this petitioner. It has further been submitted that accused Birendra Choudhary and Narendra Kumar Sharma who were apprehended on the spot, have already been granted regular bail by coordinate Benches of this court vide order dated 22.3.2017 and 8.2.2017 passed in Cr. Misc. Nos. 7365 of 2017 and 2791 of 2017. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Hajipur Town P. S. Case No. 760 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Ravi/- U T