Sanjay Ram @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74952 of 2019 Arising Out of PS. Case No.-340 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Sanjay Ram @ Sanjay Kumar Son of Late Tulsi Das, Resident of Village - Kutubpur, P.S.- Bidupur, Distt.- Vaishali.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shrawan Kumar, Senior Advocate Mr.Krishna Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Bidupur P.S. Case No. 340 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner was under treatment at Central Institute of Psychiatry at Ranchi, Jharkhand for a long period and he is in custody since 28.08.2019 having no criminal antecedent.

Patna High Court CR. MISC. No.74952 of 2019(2) dt.11-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, it appears that illicit liquour has been recovered from the possession of the petitioner and he is in custody since 28.08.2019, the investigation against him is complete and he is also said to be a patient undergoing some treatment at Central Institute of Psychiatry, Ranchi having no criminal antecedent and it is not the case of the prosecution that the release of the petitioner on bail is likely to interfere in course of trial, let the petitioner above named be released on bail in connection with Bidupur P.S. Case No. 340 of 2019 on furnishing of bail bond of Rs.

15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Excise Court, Vaishali at Hajipur, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.74952 of 2019(2) dt.11-12-2019 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T