Sanjiv Kumar Singh @ Sanjib Kumar @ Mangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59265 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== SANJIV KUMAR SINGH @ SANJIB KUMAR @ MANGAL SINGH, aged about 41 years, Male, S/O Ashok Singh, Resident of Village- Mohtiarpur, P.S.- Bhagwanpur, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Sada Nand Roy, Adv.

For the Opposite Party :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bhagwanpur P.S. Case No. 227 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty the informant received information about moving of loaded truck towards Bhagwanpur, then, informant, along with other police officials, reached to that direction at village Timam, then, saw a ten wheeler truck. On giving the signal, the driver accelerated the speed of truck towards Bhagwanpur, but, any how the driver and helper were apprehended, who disclosed their names as Hardeep Singh and Kala Ram. On search, of the truck 3804.480 liters of Indian made foreign liquor kept in different bottles in

Patna High Court CR. MISC. No.59265 of 2019(2) dt.19-09-2019 2/3 cartons recovered, who also disclosed the names of six persons, including the petitioner. The driver and helper did not produce paper for carrying of the liquor.

The submission of the learned counsel for the petitioner is that in fact petitioner, Sanjeev Kumar Singh @ Sanjib Kumar @ Mangal Singh, is accused in two similar nature of cases and due to that reason the informant, who is police official, implicated the petitioner showing the name of the petitioner in the confessional statement of the driver and helper of the truck from which alleged Indian made foreign liquor recovered. Further, submission is that Sanjeev Kumar @ Sanjeev Kumar Singh @ Sintu, son of Bhulu Singh, has already been allowed the privilege of pre-arrest bail by a coordinate Bench of this Court in Cr. Misc. No. 52268 of 2019 on 22.08.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bhagwanpur P.S. Case No. 227 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special

Patna High Court CR. MISC. No.59265 of 2019(2) dt.19-09-2019 3/3 Judge, Excise Act, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T