Patna High CourtCR. MISC./50508/2019bail granted

Sanjiv Kumar @ Sandip Sah v. The State Of Bihar

2019-08-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50508 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== SANJIV KUMAR @ SANDIP SAH, S/O Deeplal Sah R/o Village- Olipur Sarhachiya, P.S.- Mahindwara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahindwara P.S. Case no. 29 of 2019, registered under Sections 30(a),(b),(c),(f),34,36 and 41 of the Bihar Prohibition and Excise Act.

The accusation is that on receiving secret information about preparation of illicit liquor in village -Olipur, the informant along with other Police personnel reached there. On seeing the Police, some persons started fleeing. On chase, one person was apprehended, who disclosed his name as Kamlesh Kumar and he also disclosed the name of 13 persons, including the petitioner, who succeeded to flee away. On search, 78.800 Liters of India made foreign liquor recovered.

Patna High Court CR. MISC. No.50508 of 2019(2) dt.14-08-2019 2/2 Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, his name surfaced in the confessional statement of co-accused Kamlesh Kumar, who is said to be apprehended on the spot. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-IIcum-Special Judge, Excise Act, Sitamarhi in connection with Mahindwara P.S. Case No. 29 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T