Petitioner sought bail apprehending arrest in an excise case with no liquor recovered from his possession. Court allowed bail on furnishing a bond of Rs. 25,000 with two sureties within six weeks of arrest.
Petitioner granted bail on furnishing Rs. 25,000 bond with two sureties of Rs. 25,000 each within six weeks of arrest.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7136 of 2022
Arising Out of PS. Case No.-93 Year-2021 Thana- BANGARA District- Samastipur
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SANJIT KUMAR Son of Teni Rai Resident of Village- Kasbe Aahar, P.s.Tajpur, District- Samastipur.
... ... Petitioner/s
Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Hussamuddin Azad For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 15-07-2022
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 54 liters of illicit liquor has been recovered from a tempo. It is submitted that the driver has disclosed that the recovered liquor belongs to the petitioner. It is lastly submitted that the petitioner has got one criminal antecedent of similar nature as stated in paragraph-3 of the bail application.
Petitioner is agree to deposit a sum of Rs. 10,000/(rupees ten thousand) in Patna High Court Legal Services
Patna High Court CR. MISC. No.7136 of 2022(2) dt.15-07-2022 2/2
Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/(rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge (Excise Act), Samastipur in connection with Bangra P.S. Case No.93 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.
The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J.)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the offences under Sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
Sanjit Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
