Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56605 of 2022 Arising Out of PS. Case No.-661 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Sanjay Yadav @ Sanjay Kumar, Son Of Krishandeo Yadav Resident Of Village- Chiknotwa, Ward No.-5, Police Station-Ghailadh, DistrictMadhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 12 litres of liquor from the petitioner's house. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the house is a joint family property as pleaded at Para-9 of the anticipatory bail application, as such, it cannot be alleged

Patna High Court CR. MISC. No.56605 of 2022(2) dt.04-11-2022 2/2 with certainty that petitioner had kept the liquor in the house. It is also submitted that he came to be implicated based on secret information and by local people because of his antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Madhepura P. S. Case No.661 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T