Patna High CourtCR. MISC./69065/2024bail granted

Sagar Kumar v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69065 of 2024 Arising Out of PS. Case No.-426 Year-2024 Thana- JAKKANPUR District- Patna ====================================================== Sagar Kumar, Male, aged about 33 years, S/O- Ramesh Kumar Agarwal, R/oNear Punpun Railway Station, P.S.- Punpun, Dist- Patna, P/A- Azad Path, Chandmari Road, P.S.- Kankarbagh, Dist- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Rajeev, Advocate For the Opposite Party :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jakkanpur P.S. Case No. 426 of 2024 dated 06.08.2024 registered for the offences punishable under Sections 30(a), 36 and 41(1)(2) of the Bihar Prohibition and Excise(Amendment) Act, 2022.

3. As per the prosecution case, total 1543.520 litres of illicit foreign liquor was recovered from the room of the petitioner which was taken on rent from Usha Jain.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered from

Patna High Court CR. MISC. No.69065 of 2024(2) dt.21-09-2024 2/3 the possession of the petitioner. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Bhola Kuumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 65981 of 2024 under order dated 11.09.2024. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 07.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Patna in connection with Jakkanpur P.S. Case No. 426 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.69065 of 2024(2) dt.21-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T