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Patna High CourtCR. MISC./69733/2021allowed

Sanjeet Kumar v. The State Of Bihar

2022-05-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69733 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== SANJEET KUMAR Son of Late Sant Lal Rai Resident of Village - Baikunthpur, P.S.- Raja Pakar, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 195 litres of country made liquor has been recovered from a wheat field. It is submitted that the petitioner has got no criminal antecedent and only on suspicion the petitioner has been made accused. Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten thousand) in the Patna High Court Legal Services

Patna High Court CR. MISC. No.69733 of 2021(2) dt.20-05-2022 2/3 Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor court in connection with Raja Pakar P.S. Case No. 41 of 2021, subject to the conditions:

(1) As laid down under Section 438 (2) of the Code of Criminal Procedure.

(2) One of the bailors will be own blood relative of the petitioner, preferably, father, mother, brother, sister and/or wife.

(3) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid

Patna High Court CR. MISC. No.69733 of 2021(2) dt.20-05-2022 3/3 amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T