Sanjeet Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62852 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Sanjeet Pasi, male, aged about 25 years, Son of Prabhu Pasi @ Prabhunath Choudhary, Resident of Village - Gopalpur, P.S.- Hussainganj, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehend his arrest in connection with Hussainganj P.S. Case No. 215 of 2019 registered under Sections 272 and 273 of IPC and also under Section 30 (a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per first information report, is that the police intercepted a motorcycle and recovered a total quantity of 43.200 liters of illicit liquor from the said motorcycle. The name of the petitioner has come on the basis of secret information.

Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated in this case due to oblique motive. Learned

Patna High Court CR. MISC. No.62852 of 2019(2) dt.22-10-2019 2/2 counsel further submits that no illicit liquor has been recovered from his conscious possession or from the motorcycle belonging to the petitioner inasmuch as in paragraph 9 of this petition learned counsel categorically stated that the petitioner is not owner of the seized motorcycle.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got not criminal antecedent and no illicit liquor has been recovered from the conscious possession or from the vehicle belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IInd-cum-Special Judge, Excise, Siwan in connection with Hussainganj P.S. Case No. 215 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U