Patna High CourtCR. MISC./49507/2024bail granted

Sanjeev Kumar v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49507 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjeev Kumar Son Of Hiraman Yadav R/O- Village- Chiutahi Gagalwa Tola, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S. Case No. 208 of 2024 dated 07.04.2024 registered for the offences punishable u/s 272, 273, 34 of the I.P.C. and section 30(a),36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 15 litres of illicit country made liquor was recovered from the possession of the co-accused Rajkumar Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Similarly situated co-accused has already been granted

Patna High Court CR. MISC. No.49507 of 2024(2) dt.20-07-2024 2/3 bail by the co-ordinate bench of this court vide order dated 09.05.2024 passed in Cr. Misc. No. 35953 of 2024. The petitioner has no concern with the alleged recovery. The name of the petitioner has transpired merely on the basis of confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has nine criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 07.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Turkauliya P.S. Case No. 208 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.49507 of 2024(2) dt.20-07-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T