Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53960 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Sanjeev Kumar, aged about 28 years, Male Son of Late Suresh Yadav Resident of Village- Panchrukhiya, P.S.- Raushanganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Excise (Sherghati) P.S. Case No.99 of 2024 registered for the offence under Section 30(a) and 32(c) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per FIR, there is recovery of total 170 litres of illicit liquor from motorcycle of the petitioner bearing registration No. BR02AF 1673.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of

Patna High Court CR. MISC. No.53960 of 2024(2) dt.02-08-2024 2/2 the petitioner and he has no concern with the alleged recovery of illicit liquor. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.52426 of 2024 on 20.07.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 27.06.2024.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioner that similarly situated co-accused person namely Sudhir Kumar has been granted bail by this Court in Cr. Misc. No. 52426 of 2024 vide order dated 20.07.2024, let the petitioner, above named, is directed to be released on bail, in connection with Excise (Sherghati) P.S. Case No.99 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.3, Gaya.

(Ramesh Chand Malviya, J) Anand Kr.

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