Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65515 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Sanjay Kumar Singh, aged about 56 years (Male) Son of Rajarishi Singh, Resident of Village-Ward No.9, Madhaul, P.S.- Ratnawli, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest for the offences alleged under under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 registered in connection with Kazi Mohammadpur P.S. Case No. 281 of 2019.

The allegation against the petitioner, as per the written report of the Sub-Inspector of Police, is that the police got information that a person was selling foreign liquor on the motor cycle in the campus of I.T.I, Gannipur on the basis of which the police personnel arrived there and on seeing the police party, the said person started fleeing away after leaving his motor-cycle. On search of the said motor-cycle, the police recovered a bag stashed with two bottles of foreign liquor containing 375 ml liquor. Learned counsel for the petitioner submits that no recovery of the foreign liquor has been made from conscious

Patna High Court CR. MISC. No.65515 of 2019(2) dt.13-11-2019 2/2 possession of the petitioner but recovery has been made from the motor-cycle which was bought by the petitioner from his relative and his co-villager took the motor-cycle without his knowledge and parked in I.T.I campus. He further submits that the petitioner is merely said to be the owner of the motor-cycle. The petitioner has no criminal antecedents.

In the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 281 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) BT/- U T