Patna High CourtCR. MISC./74679/2024bail granted

Sanjay Kumar v. The State Of Bihar

2024-10-18Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74679 of 2024 Arising Out of PS. Case No.-516 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sanjay Kumar S/O Shankar Singh R/O- Sharifganj, Naya Tola, P.S.- Katihar Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 105 litres of country made liquor from Balughat.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Nothing incriminating has been recovered from his conscious

Patna High Court CR. MISC. No.74679 of 2024(2) dt.18-10-2024 2/2 possession. Proper procedure of search and seizure has not been followed as there is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 28.07.2024.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Exclusive Excise Court NO. II, Katihar in connection with Katihar Nagar P.S. Case No. 516 of 2024.

(S. B. Pd. Singh, J) Nirajkrs/- U T