Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68137 of 2021 Arising Out of PS. Case No.-312 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SANJEET KUMAR Son of Ashok Ram Resident of Muhalla- Gandhi Maidan, P.S.- Aurangabad, District- Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Section 379, 411 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act. 3.300 liters of country-made liquor has been recovered from the gate of Gandhi Maidan (Aurangabad) and one mobile phone was also recovered there, which belongs to this petitioner and on that basis, petitioner has been made accused in this case.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the possession of this petitioner and he has been made accused only on the basis of mobile phone, which was found near the place of recovery.

Patna High Court CR. MISC. No.68137 of 2021(4) dt.01-07-2022 2/2 Petitioner has got clean antecedent.

Considering the fact that illicit liquor has not been recovered from the possession of petitioner and petitioner has got clean antecedent, let the above named petitioner, in the event of his arrest or surrender within a period of six weeks from the date of receipt / production of copy of this order, 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 Additional District & Sessions Judge II cum Special Judge (Excise), Aurangabad in connection with Aurangabad Nagar P.S. Case No. 312 of 2021, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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