Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57866 of 2019 Arising Out of PS. Case No.-623 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== SANJAY KUMAR, aged about 40 years, Male, Son of Vishwanath Sharma @ Vishnath Sharma, Resident of Village- Dulhin Bajar, P.S.- Dulhin Bajar, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Paras Nath, Adv.

For the Opposite Party :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Excise Case No. 623 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of 36 bottles, each containing 750 ml of Indian made foreign liquor from a dilapidated house of the petitioner situated at Baidrabad, Arwal. The submission of the learned counsel for the petitioner is that in fact the petitioner use to reside at village Dulhin Bazar, Patna, not at Baidrabad, Arwal, from where the alleged bottles of Indian made foreign liquor are said to be recovered from the dilapidated house of the petitioner, which is not being used for residential purpose.

Patna High Court CR. MISC. No.57866 of 2019(2) dt.16-09-2019 2/2 Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

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 Excise Case No. 623 of 2019 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, Jehanabad, 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