Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65100 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== SANJAY KUMAR, Son of Sri Om Prakash Prasad @ Om Prakash Malakar, Resident of Village - Panditpur, P.S. - Rajgir, Distt. - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Mehta, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From a bus foreign liquor was recovered. The petitioner was conductor of the bus. Petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 21.08.2019.

Submission is that there is violation of the mandate of Section 100 Cr.P.C. while making search and seizure. Considering the facts aforesaid especially the fact that prosecution report has been submitted without proper investigation of the case, let the petitioner, above named, be

Patna High Court CR. MISC. No.65100 of 2019(2) dt.04-11-2019 2/2 released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with G.O. Case No. 172 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T