Patna High CourtCR. MISC./57291/2023bail granted

Sandip Kumar @ Sandeep Jaishwal v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57291 of 2023 Arising Out of PS. Case No.-232 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== SANDIP KUMAR @ SANDEEP JAISHWAL SON OF BIRENDRA PRASAD @ BIRENDRA JAISHWAL VILLAGE- RAJPUR, PS- RAJPUR, DIST- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Chhote Lal Mishra, learned counsel appearing on behalf of the petitioner and Md. Shakir Ahmad, learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Ramgarh (Nuaon) P.S. Case No. 232 of 2023, dated 04.07.2023, registered under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, in brief, is that informant got an information that three persons riding on motorcycle are coming towards Yadav Tola with liquor. On verification of such information Police team proceeded towards the location and intercepted an Apache Motorcycle bearing Registration No. BR24AK-3771 with two persons, who disclosed their name as

Patna High Court CR. MISC. No.57291 of 2023(2) dt.30-08-2023 2/3 Sandeep Kumar, Prem Kumar and Mantu Kumar, however one of them escaped (the petitioner). During search 30 liters liquor were recovered. Accordingly seizure list was prepared.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and no recovery has been made from the possession of the petitioner. The Motorcycle bearing Registration No. BR24AK-3771 is not registered in the name of the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the allegation made in the F.I.R. that 30 litres country made liquor was recovered from the Motorcycle bearing Registration No. BR24AK-3771, the learned Court below is directed to verify it from the District Transport Officer, Kaimur at Bhabhua. In case the report submitted by the District Transport Officer, Kaimur at Bhabhua reveals that the Motorcycle is not registered in the name of the petitioner and belongs to someone else, the above named petitioner is directed to 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.21,000/- (Twenty one thousand) with two sureties of the like

Patna High Court CR. MISC. No.57291 of 2023(2) dt.30-08-2023 3/3 amount each to the satisfaction of learned I/c, Special Judge Excise No.2- Cum- A.D.J-VII, Kaimur at Bhabhua in connection with Ramgarh (Nuaon) P.S. Case No. 232 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) pravinkumar/- U T