Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73424 of 2022 Arising Out of PS. Case No.-351 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Sanjay Kumar Son Of Rabindra Ray Resident Of Village- Parvezabad, P.S.- Sonpur, District- Saran At Chapra ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad For the Opposite Party/s :
Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
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. Prosecution case relates to recovery of 129.600 litres of Indian Made Foreign Liquor from a car bearing registration No. DL-2CAH-6759. Driver of the car, namely Aditya, was arrested on spot.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and
Patna High Court CR. MISC. No.73424 of 2022(2) dt.25-02-2023 2/3 has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Petitioner is neither the owner nor the driver of the alleged vehicle. The petitioner was sitting in the vehicle in question as passenger. Nothing incriminating has been recovered from his conscious possession. He is languishing in judicial custody since 16.9.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
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 Exclusive Special Excise Court No. 2, Siwan in connection with Siwan Excise P.S.
Patna High Court CR. MISC. No.73424 of 2022(2) dt.25-02-2023 3/3 Case No. 351 of 2022.
(Sunil Kumar Panwar, J) nirajkrs/- U T