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Patna High CourtCR. MISC./61609/2024bail granted

Saghna Kumar @ Sadna Kumar @ Sajan Kumar @ Sadhna Kumar v. The State Of Bihar

2024-09-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61609 of 2024 Arising Out of PS. Case No.-271 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SAGHNA KUMAR @ SADNA KUMAR @ SAJAN KUMAR @ SADHNA KUMAR SON OF DEWENDRA @ DAWENDRA SAH @ MALLU SAH RESIDENT OF VILLAGE - ARMA TALAB, POLICE STATION - KARWANDIYA O.P. (SASARAM MUFF.), DISTRICT - ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Raghunandan Kumar Singh, Advocate For the State :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 17.040 litres foreign liquor has been recovered from near the house of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery is from an open place, which is accessible to one and all. Petitioner has got one criminal antecedent of similar nature,

Patna High Court CR. MISC. No.61609 of 2024(2) dt.12-09-2024 2/2 in which he is already on bail.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances and the fact that nothing has been recovered from possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District and Sessions Judge, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 271 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T