Sajan Kumar @ Sajan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77905 of 2019 Arising Out of PS. Case No.-603 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Sajan Kumar @ Sajan Yadav, Son of Mahendra Yadav, Resident of Village - Sahuriya West, Ward No.10, P.S.- Sour Bazar, Distt.- Saharsa. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Special (Excise) Case No. 570 of 2018 registered for the offence punishable under Section 30(a), 38 (1),41(1) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that there is no recovery of illicit liquor from conscious possession of this petitioner rather allegation against this petitioner is that petitioner and other persons had stored heavy quantity of illicit liquor at the pond. On search huge quantity of 365.040 liters of country made foreign liquor has been recovered from the pond. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 28.09.2019. In view of the aforesaid facts and circumstances of the case and that similarly situated co-accused has been granted bail vide order dated 23.01.2019 passed in Cr. Misc. No. 80054 of
Patna High Court CR. MISC. No.77905 of 2019(2) dt.02-12-2019 2/2 2018, I am inclined to grant bail to the petitioner, subject to deposit of Rs.25,000/- in the court below/Nazarat. Let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd-cum- Special Judge, Excise Act, Saharsa, in connection with Special Excise Case No. 570 of 2018 arising out of Sour Bazar P.S. Case No.603 of 2018. Such deposit of Rs. 25,000/- shall abide by the outcome of the criminal case. (Anjani Kumar Sharan, J) khushbu/- U T