Sanjeet Kumar @ Sanjeet Ray @ Langta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53912 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Sanjeet Kumar @ Sanjeet Ray @ Langta, aged about 28 years, Gender-Male, S/o Lala Bhagat, Resident of Vill-Didarganj, Ward No-72, P.S.-Didarganj, Dist-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jay Ram Prasad, Advocate For the Opposite Party :

Mrs. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Didarganj P.S. Case No. 173 of 2024 dated 16.05.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 450 litres of illicit country made liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the Tempo in question from which illicit liquor was recovered does not belong to the

Patna High Court CR. MISC. No.53912 of 2024(2) dt.20-09-2024 2/3 petitioner. It is submitted that the name of the petitioner has come in the present case on the basis of secret information but the informant did not mention the name of the person who has disclosed the name of the petitioner. The petitioner was not present at the place of occurrence and he was not apprehended on the spot. No incriminating article has been recovered from his possession. The petitioner has no concern with the alleged offence. The other co-accused person Pankaj Kumar has already been granted regular bail by a Bench of this Court vide Cr. Misc. No. 48782 oif 2024. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application. 5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City, in connection with Didarganj P.S. Case No. 173 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.53912 of 2024(2) dt.20-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T