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Patna High CourtCR. MISC./72256/2023allowed

Sanjit Kumar @ Chandla v. The State Of Bihar

2023-11-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72256 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- BANSHI District- Jehanabad ====================================================== Sanjit Kumar @ Chandla Son Of Ramashish Sahani @ Ramashish Choudhary Resident Of Village Dharnai (TOLA Mainigarh) Ps Banshi Dist Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Nikhil For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 5.5 liters of country made liquor along with one country made liquor and 3 live cartridges from the house of the petitioner. 4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that from where the recovery has been made is backside of the alleged house which is an abandoned part of the house and also

Patna High Court CR. MISC. No.72256 of 2023(2) dt.09-11-2023 2/2 it falls in the share of the petitioner's uncle. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized material. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 08.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banshi P.S. Case No. 95 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge II, Excise, Jehanabad.

(Sunil Kumar Panwar, J) shubham/- U T