Patna High CourtCR. MISC./83042/2024bail granted

Sanjeev Kumar v. The State Of Bihar

2024-12-04Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83042 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Sanjeev Kumar, Son of Late Umesh Singh Village- Shekhpura P.S.- Sahdev, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024

1. Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise (Buxar) P.S. Case No. 309 of 2024 dated 02.10.2024 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 138 litres of foreign liquor from Hundai Car, no doubt the petitioner drove the said car at the time of alleged recovery but he has been falsely made accused merely on account of being driver of the said vehicle and no independent

Patna High Court CR. MISC. No.83042 of 2024(2) dt.04-12-2024 2/2 person was made the witness of the search and seizure and thereby police party violated the provision of Section 100 of the Cr. P.C. It is further submitted that the petitioner has fair and clean antecedent and has been languishing in jail since 02.10.2024.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the petitioner's fair and clean antecedent as well as custody period, this court is inclined to grant the relief of regular bail to this petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Excise (Buxar) P.S. Case No. 309 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T