Patna High CourtCR. MISC./49905/2024bail granted

Sanjit Sapera @ Sanjeev Kumar v. The State Of Bihar

2024-08-14Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49905 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Sanjit Sapera @ Sanjeev Kumar S/O Budhu Nat @ Budhu Sapera R/O Village - Ichahos Takiyapar, Ps Islampur, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-08-2024 Heard Mr. Pramod Kumar Sinha, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Islampur P.S. Case No. 119 of 2024, F.I.R dated 19.03.2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Recovery is of 120 liters of wine.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case due to previous criminal antecedent. He further submits that from the perusal of the F.I.R and seizure list that nothing has been recovered from the conscious possession of the petitioner rather 120 liters wine has been recovered from the

2/4 open field and the petitioner has no concern at all with the alleged recovery. He further submits that the co-accused persons namely Rekha Devi and others have been granted anticipatory bail by this Court vide order dated 26.06.2024 passed in Cr. Misc. No. 38033 of 2024. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable. He further submit that the petitioner is named in the F.I.R. and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the said pending matter.

6. This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant

3/4 of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

7. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of 4th Additional Sessions Judge cum Special Judge Excise-II, Nalanda at Biharsharif in connection with Islampur P.S. Case No. 119 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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3. And further condition that the court below shall verify the criminal antecedent of the petitionersand in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) priyanka/- U T