Allowed

Sanjit Yadav @ Sanjit Kumar v. The State of Bihar

Patna HC1 Jul 2022CR. MISC./2723/2022

Case brief

AI extract

What is this about?

This oral order grants bail to the petitioner after the framing of charges in a case registered for offences under Sections 272, 273, 342 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. The court imposes a bail bond and specific conditions regarding surrender and non-tampering.

What did the court decide?

Petitioner released on bail after framing of charge by furnishing Rs. 10,000 bond with two sureties.

Sanjit Yadav @ Sanjit Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2723 of 2022

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Arising Out of PS. Case No.-546 Year-2016 Thana- SHERGHATI District- Gaya

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======================================================

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SANJIT YADAV @ SANJIT KUMAR Son of Kuldip Yadav Resident of Village- Ratanpura, P.S.- Sherghati, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Md. Javed Jafar Khan For the Opposite Party/s : Mr.Anand Kishore Choudhary

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 01-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with Sherghati P.S. Case No. 546 of 2016 registered for the offences punishable under Sections 272, 273, 342 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per prosecution case, there is alleged recovery of 360 litre country made wine and 500 kg. mahua flower from the Auto in question and it was pointed out by the local chowkidar that petitioner was driver of the Auto in question.

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Learned counsel for the petitioner submits that petitioner is in custody since 10.09.2021 and bears criminal

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Patna High Court CR. MISC. No.2723 of 2022(3) dt.01-07-2022 2/3

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antecedent of two cases of similar nature in which he is on bail. He further submits that nothing has been recovered from physical possession of the petitioner. Petitioner was neither apprehended on the spot nor any material is found to show the involvement of petitioner in such type of alleged occurrence. Seizure list has not been made as per law. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge of Excise Act, Gaya in connection with Sherghati P.S. Case No. 546 of 2016, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.2723 of 2022(3) dt.01-07-2022 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Sanjit Yadav @ Sanjit Kumar v. The State of Bihar

Case brief

What is this about?

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Sanjit Yadav @ Sanjit Kumar v. The State of Bihar

Case brief

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