Sanjay Kumar Chain @ Sanjay Kumar @ Sanjay Kuamar Chayen @ Sanjay Chayen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53469 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Sanjay Kumar Chain @ Sanjay Kumar @ Sanjay Kuamar Chayen @ Sanjay Chayen Son of Kishori Chain @ Kishori Chayen @ Rajkishor Mahto Resident of Vill- Khawa, P.S.- Medni Chowki, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Irshad For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mednichowki P.S. Case no. 72 of 2023 instituted for the offence under Sections 30(a), 32(ii) (iii) of Bihar Prohibition and Excise Act.

It is a case of recovery of 39.375 litres of Indian Made Foreign Liquor from vehicles. Driver of the Car (Parmanand Kumar) and co-accused Ravi Kumar were apprehended on the spot who disclosed the name of Petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.53469 of 2024(2) dt.26-07-2024 2/2 offence. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by apprehended coaccused who was arrested on spot. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. There is no independent witness of the alleged seizure.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mednichowki P.S. Case no. 72 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Nirajkrs/- U T