Sanjeev Kumar Singh @ Sanjiv Kumar Singh @ Sanjeev Kumar @ Sintu @ Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80724 of 2024 Arising Out of PS. Case No.-134 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== Sanjeev Kumar Singh @ Sanjiv Kumar Singh @ Sanjeev Kumar @ Sintu @ Sintu Kumar Son of Ashok Singh @ Bhullu Singh R/O-Village- Teghra Madhurapur-2 (Madhurapur)Ward No 20, P.S -Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 188, 120(B) of IPC and 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Altogether 41.250 liters of illigal foreign liquor is said to have been recovered from Maruti Suzuka Baiganor.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case on the basis of the suspicion. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor.

Patna High Court CR. MISC. No.80724 of 2024(2) dt.17-01-2025 2/3 He is not the owner of the said vehicle. He is driver of that vehicle. He was not apprehended on the spot and he has been made accused only due to his past criminal antecedent. Petitioner has three criminal antecedent in similar nature of offence as mentioned in para 3 of the bail application.

5. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Phulwaria (Fulwaria) P.S. Case No.134 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C, with the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.80724 of 2024(2) dt.17-01-2025 3/3 how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Lawyers' Association Welfare Benevolent Fund, Patna.

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