Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48759 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== Sanjay Rai @ Sanjay Kumar, Son of Sitab Rai, resident of Village- Chiraiya, P.S. Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 53818 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== VIJAY SHARMA @ VIJAY KUMAR Son of Shankar Sharma Resident of Village Katra Bazar, P.S. Malsalami, District Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 48759 of 2018) For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh (In Criminal Miscellaneous No. 53818 of 2018) For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Patna High Court Cr.Misc. No.48759 of 2018(4) dt.25-09-2018 2/3 Both the petitions arise out of the same Police Station i.e. Gangabridge P.S. case no. 89/18 and as such they have been heard together and are being disposed of by this common order. The petitioners seek bail in Ganga Bridge P. S. Case No. 89 of 2018 instituted for the offence under Section(s) 30(A) of Bihar Prohibition and Excise Act, 2016 and Section 414/34 of the IPC.

It has been submitted on behalf of the petitioner(s) that they are daily wage labourer and they have been taken for loading the alleged goods on pick up van and have been arrested by the police. They are neither the owner of the alleged house nor owner of the alleged pick up van.

Learned counsel submits that in the FIR itself it is mentioned that owner of the alleged house is Nanda Rai and owner of the alleged Pick up Van is Dhanu Rai. It is further pointed out that one of the co accused, namely, Manager Rai has been granted regular bail by coordinate Bench of this Court by order dated 20.9.18 passed in Cr. Misc. no. 51874 of 2018. Considering the aforesaid, let the petitioners, namely, Sanjay Rai @ Sanjay Kumar and Vijay Sharma @ Vijay Kumar be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.48759 of 2018(4) dt.25-09-2018 3/3 satisfaction of the Additional Sessions Judge-II, cum Special Judge, Excise, Vaishali at Hajipur in connection with Ganga Bridge P. S. Case No. 89 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioners. (Sanjay Priya, J) shyambihari/- U T