Sanjeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77887 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Sanjeet Kumar Singh Son of Vijendra Prasad singh Resident of Village - Siropattr, P.S. - Khanpur, Ditt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 This application for grant of anticipatory bail in connection with Warisnagar P.S. Case No. 217 of 2018, disclosing offences under Section 273 of the Indian Penal Code and Sections 38, 41, 30(a) of Bihar Prohibition and Excise Act. Allegation as per F.I.R. is that one pickup van was intercepted and more than 877 liters of country made foreign liquor has been recovered and one person Ajay Kumar was arrested, who disclosed that seized liquor is of him and other coaccused Sanjay Pasi. Thereafter, the petitioner has been made accused in this case due to the fact that the petitioner is the owner of the said vehicle.

Submission of learned counsel for the petitioner is that disclosure of the accused person itself shows that liquor does not belong to the petitioner and petitioner has been made

Patna High Court Cr.Misc. No.77887 of 2018(2) dt.03-01-2019 2/2 accused in this case only because that he is owner of the said vehicle and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 6th Cum Special Judge, Samastipur, in connection with Warisnagar P.S. Case No. 217 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T