Sanjeev Kumar @ Sanjeev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52167 of 2024 Arising Out of PS. Case No.-1253 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjeev Kumar @ Sanjeev Yadav Son Of Hiraman Yadav Village- Chiutahi Gagalwa Tola, Ps- Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of nine cases.

4. Allegation is of recovery of 235 litres of spirit from a place near a canal situated next to the field of Jawahir Singh.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and during the course of investigation he came to be implicated in the instant case

Patna High Court CR. MISC. No.52167 of 2024(2) dt.20-07-2024 2/2 when the recovery was made from a place which is accessible to public at large and does not belongs to the petitioner. It is further submitted that petitioner is in custody since 29.05.2024.

6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions aforesaid, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 45,000/- (Rupees Forty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkauliya P.S. Case No. 1253 of 2023. (Satyavrat Verma, J) annpurna/- U T