Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70490 of 2019 Arising Out of PS. Case No.-485 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== SANJAY RAI Son of Bajrangi Yadav Resident of Village - B.K. Dutta Lane, P.S.- Jakkanpur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Jakkanpur P.S.Case No.485 of 2019 Special 6993 of 2019 , registered for offences punishable under Sections 30(a), 38, 41 of the Excise Act, 2016.

As per FIR, a vehicle was parked in front of the Khatal of the petitioner and there is recovery of 131.670 ltrs. of liquor from that and the petitioner and other accused person are named in the FIR including the driver of the vehicle. Submission of the learned counsel for the petitioner is that nothing has been recovered from his Khatal and the car was parked in front of the Khatal and the petitioner has been made accused only on suspicion as well as the other two

Patna High Court CR. MISC. No.70490 of 2019(3) dt.20-11-2019 2/2 accused persons have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 18.10.2019 passed in Cr. Misc. No.63105 of 2019 and order dated 24.10.2019 passed in Cr. Misc. No.65117 of 2019. Petitioner is not even owner of the liquor.

Heard learned A.P.P. ,w ho has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the6 like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Jakkanpur P.S.Case No.485 of 2019 Special 6993 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T