Patna High CourtCR. MISC./8175/2024bail granted

Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8175 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Sanjay Singh @ Sanjay Kumar Singh, S/O Late Bhola Singh R/O VillageShripur, P.S. Kudhani, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273, 420, 120(B) and 34 of the I.P.C. and Sections 30(a), 32(2), 32(3), 36, 41(i) and 42(2) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 4200 litres of beer from a tanker.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession, nor he is owner of the tanker and he came to be implicated based on confessional statement of Ram Babu Rai in police custody, which does not

Patna High Court CR. MISC. No.8175 of 2024(2) dt.26-02-2024 2/2 have any evidentiary value.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Saraiya P. S. Case No.423 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T