Patna High CourtCR. MISC./66067/2023bail granted

Sanjay Kumar v. The State Of Bihar

2023-10-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66067 of 2023 Arising Out of PS. Case No.-1089 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== SANJAY KUMAR Son of Hari Nath Rai R/o vill - Nunpur, P.S. - Hajipur Sadar, Distt. - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Surendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30 (a), 32(i)(ii)/41 (i) of Bihar Prohibition and Excise (Amendment) Act 2018.

3. It is alleged that 218.5 liters of English wine was recovered from seized pick-up-van .

4. It is submitted that the petitioner is neither driver nor owner of vehicle in question. The name of the petitioner has transpired only on the basis of suspicion . No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail

Patna High Court CR. MISC. No.66067 of 2023(2) dt.18-10-2023 2/2 petition.

6. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released 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 Exclusive Special Excise Court No.2 Jehanabad in connection with Jehanabad Town Police Station Case No. 1089 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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