Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62264 of 2022 Arising Out of PS. Case No.-693 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== 1.

Sanjeev Kumar Son of Surendra Ram Resident of Rukhai, Ward No. 13, P.SChandi, Dist- Nalanda 2.

Ravikant Kumar Son of Sanjay Singh Resident of Lakhanpura, Ward No. 5, P.S- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.

Heard learned counsel for the petitioners and learned APP for the State.

This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioners seek bail in connection with Agamkuan P.S. Case No. 693 of 2022 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

There is alleged recovery of 120.570 litres illicit liquor from the house of one Akhilesh Prasad.

It is submitted by learned counsel for the petitioners that they are students and were tenants in the house. They have no concern

Patna High Court CR. MISC. No.62264 of 2022(2) dt.13-01-2023 2/2 with the alleged recovery. They are having no criminal antecedents. They have remained in custody since 08.09.2022. Learned APP has opposed the prayer for bail.

Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court is inclined to allow the petitioners' prayer for bail. Prayer for bail of the petitioners is allowed.

Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna Cirty, in Agamkuan P.S. Case No. 693 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T