Sanjit Singh @ Sanjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65180 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== Sanjit Singh @ Sanjeet Singh, S/O Pritam Singh, Resident of Village- Lam Palval, P.S.- Palval, District- Jammu, Tahsil- Akhnoor, Jammu and Kashmir. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-01-2023 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No.57 of 2021 registered for the offence punishable under Sections 30(a), 41(i)(ii)/47 of the Bihar Prohibition and Excise (Amendment) Act, 2018. During vehicle checking, a truck engaged in transportation of illicit liquor and two e-rickshaws have been detained, from which two persons started fleeing away and were apprehended. The alleged quantity of recovery is 1865.520 litres.

Learned counsel for the petitioner submits that even

Patna High Court CR. MISC. No.65180 of 2022(2) dt.20-01-2023 2/3 as per prosecution case, the petitioner was not apprehended from any vehicle. There is thus no recovery from his conscious possession. He was in the locality and has been apprehended on suspicion and having no antecedents, he is in custody since 27.02.2021.

Learned APP for the State has opposed the prayer for bail.

Having regard to the manner of recovery, submissions advanced by the parties, period of custody, and the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Accordingly, 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 the learned Special Excise Court-1, Samastipur, in connection with Kalyanpur P.S. Case No.57 of 2021, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court

Patna High Court CR. MISC. No.65180 of 2022(2) dt.20-01-2023 3/3 if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T