Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3911 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== Sanjiv Kumar, aged about 43 years, male, Son of Vinod Kumar, resident of - Sector-4, Ram Nagari, Ashiyana Nagar, P.S. - Shastrinagar, Distt. - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinu Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-09-2021 Heard Mr. Dinu Kumar, the learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Shastri Nagar P.S. Case No. 210 of 2020, dated 28.04.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Twelve bottles of liquor is said to have been recovered from a room in the house of one Arvind Kumar

Patna High Court CR. MISC. No.3911 of 2021(3) dt.09-09-2021 2/3 Sinha. The owner of the house in fact told the police party that the room from where recovery has been made, had been given on rent to the petitioner. Though the petitioner does not dispute that he is a tenant of aforesaid Arvind Kumar Sinha, but the very factum of recovery of twelve bottles of liquor from his room is disputed.

It has been submitted on behalf of the petitioner that he is a businessman and was being pressurized by the owner of the house to vacate the premises. On the day, when the petitioner was not available in the house, a raid was managed and wrongly it has been stated that there has been a recovery from the room which was taken on rent by him.

In support of the aforesaid contention, the learned Advocate for the petitioner has submitted that a video-clip had become viral where the police officer was seen sitting on a carton full of bottles in the presence of the owner of the house. The petitioner seriously suspects that the entire process was staged managed by the owner of the house for the purposes of putting pressure on him for vacating the

Patna High Court CR. MISC. No.3911 of 2021(3) dt.09-09-2021 3/3 premises. Apart from this, it has been submitted that the petitioner does not have criminal antecedents. Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Shastri Nagar P.S. Case No. 210 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T