Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66968 of 2023 Arising Out of PS. Case No.-405 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Sanjeev Kumar, Son of Laldev Das, Village- Husainpur, P.S.- Samastipur, Dist- Samastipur. Permanent Address- Resident of Village- Husenipur, PsTisiauta, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-11-2023 Heard Mr. Jitendra Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Ravilganj P.S. Case No. 405 of 2022 registered for the offences punishable under Sections 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016.
3. The police on a secret information intercepted Trucks, which were carrying illegal Indian made foreign liquor. On search from Truck, bearing registration no. RJ 11GA 5245, altogether 4100.76 litres of foreign liquor and from Truck, bearing registration no. RJ 19GE 1132, 6441.84 litres of foreign
Patna High Court CR. MISC. No.66968 of 2023(2) dt.01-11-2023 2/3 liquor were recovered. It is further alleged that the apprehended driver of Truck No. RJ 11GA 5245 disclosed the name of the petitioner, as one of the consignee.
4. It is submitted on behalf of the petitioner that he has neither any concern with the truck, in question, nor with the alleged recovered illicit liquor. That apart, the petitioner is a man of fair antecedent and save and except the allegation that the petitioner is one of the consignee of the illicit liquor, there is no material suggesting the complicity of the petitioner in the present crime. The petitioner undertakes that he will fully cooperate in the investigation or in the proceeding of the court.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has transpired only on the disclosure made by the driver, without any other cogent material, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.66968 of 2023(2) dt.01-11-2023 3/3 satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Ravilganj P.S. Case No. 405 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T