Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29274 of 2017 Arising Out of PS. Case No.-17 Year-2017 Thana- Surajgarha District- Lakhisarai ====================================================== Sanjay Kumar Son of Rama Babu Singh Resident of Village - Bihat , Police Station- Barauni in the district of Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rai Mukesh Sharma For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

21-09-2017 Heard Sri Rai Mukesh Sharma, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Surajgarha P.S. Case No. 17 of 2017 registered for offence under Sections 272, 273, 420, 120(B) of the Indian Penal Code and Section 30(a), 32(c) & 38(D) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that save and except the fact that the seized vehicle is registered in the name of petitioner, there is nothing against the petitioner. He submits that the said vehicle was leased out to one Sunil Kumar and during investigation, the driver and khalasi of the truck, who was apprehended, disclosed that the said huge

Patna High Court Cr.Misc. No.29274 of 2017(3) dt.21-09-2017 2/2 consignment of Indian make foreign liquor was purchased by co-accused Sunil Kumar. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. Considering the fat that petitioner is only owner of the vehicle and driver & khalasi have already been arrested and disclosed the ownership of the said consignment in respect of co-accused Sunil Kumar as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Sanjay Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 17 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T