Sanjay Thakur @ Sanjay Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62000 of 2021 Arising Out of PS. Case No.-218 Year-2021 Thana- BISFI District- Madhubani ====================================================== Sanjay Thakur @ Sanjay Kumar Thakur, S/o Late Jyotishi Thakur, Resident of Village - Raghauli, P.S. Bisfi, District - Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narayan Singh, Advocate For the Opposite Party/s Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Bisfi P.S. Case No. 218 of 2021 registered for the alleged offences under Sections 272, 273 and 34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
As per allegation, 777.600 liters of foreign liquor was recovered from the house of the petitioner, however, learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.62000 of 2021(4) dt.24-06-2022 2/3 The recovery has been made from the house belonging to coaccused Dhanjay Thakur, who has already been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 16.12.2021 passed in Cr. Misc. No. 68282 of 2021 and the petitioner is in custody since 11.09.2021 and is having clean antecedent.
Learned APP has opposed the prayer for bail, submitting that the petitioner has been arrested on the spot. Having regard to the submissions made hereinabove and considering the fact that the co-accused has already been granted bail as well as considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani in connection with Bisfi P.S. Case No. 218 of 2021, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or
Patna High Court CR. MISC. No.62000 of 2021(4) dt.24-06-2022 3/3 in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T