Patna High CourtCR. MISC./70698/2022bail granted

Sanjeev Kumar v. The State Of Bihar

2023-04-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70698 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== SANJEEV KUMAR S/o Late Laxman Singh R/v- Motipur, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amiya Kunal For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 23.09.2022 , and has antecedent of one case and allegation is of recovery of 2646 liters of liquor from an oil tanker.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession, it is also submitted that petitioner came to be implicated based on

Patna High Court CR. MISC. No.70698 of 2022(2) dt.29-04-2023 2/2 confessional statement of co-accused which does not have any evidentiary value.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Musrigharari P.S. Case No. 77 of 2022.

(Satyavrat Verma, J) HarshPandey/- U T