Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80899 of 2024 Arising Out of PS. Case No.-997 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Sanjit Kumar Son of Shiv Chandra Paswan Resident of Village-Birna Lakhan, P.S- Mahua, Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sweety Sinha, Advocate For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 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 under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 120 liters of hooch is said to have been recovered from a bag laden on the motorcycle. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. It is further submitted that petitioner has parked his motorcycle and went for his personal work but someone, due to animosity, might have kept the seized article with a view to harass him.
Patna High Court CR. MISC. No.80899 of 2024(2) dt.10-12-2024 2/3 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has one criminal antecedent of similar nature of the offence as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code : 800016018.
5. 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 Mahua P.S. Case No. 997 of 2024 subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to the further conditions that (i) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.80899 of 2024(2) dt.10-12-2024 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T