Patna High Court - Orders
Sanjay Kumar vs The State Of Bihar on 28 March, 2023
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1038 of 2023
Arising Out of PS. Case No.-20 Year-2023 Thana- GOVERNMENT OFFICIAL COMP.
District- Patna
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SANJAY KUMAR Son of Sukhalu Yadav @ Sukhalu Singh R/V- Prema
Bigha, P.S..- Paliganj, District- Patna
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shyam Kumar
: Mr. Arvind Kumar
For the Respondent/s : Mr.Anita Kumari Singh
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 28-03-2023Heard learned counsel for the appellant and learned counsel for the State.
Admit.
Call for lower court records of Paliganj P.S. Case No. 20 of 2023, Special Case No. 352 of 2023 from the court of learned Special Judge, Excise, Patna.
The present memo of appeal has been filed on behalf of the appellant against the impugned judgment/order dated 10.01.2023 passed by learned Special Judge, Excise, Patna in Paliganj P.S. Case No. 20 of 2023, Special Case No. 352 of 2023, whereby and whereunder the appellant has been sentenced to undergo SI for a period of one year under Section 37 of the Bihar Prohibition and Excise Act, 2016. Patna High Court CR. APP (SJ) No.1038 of 2023(2) dt.28-03-2023 2/3 As per prosecution case, the convicted-appellant has consumed alcohol on 08.01.2023 and was caught at Barhampur Excise Check Post, P.S. Paliganj, District Patna. The accused was subjected to breath analysis test which confirmed that the accused had consumed alcohol/liquor.
Learned counsel for the appellant/convict submits the appellant has been sentenced to undergo for a period of one year under Section 37 of Bihar Prohibition and Excise Act, 2016. The appellant is in custody since 09.01.2023. Learned counsel further submits that only relying upon the Breath Analyzer Report and without giving an opportunity of hearing to the appellant to defend his case the learned Special Judge sentenced him in the present case. The judgment has been passed in very haste manner ignoring all the cardinal principles of settled criminal jurisprudence. Learned counsel further submits that the appeal is not likely to be heard in near future.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the appellant and submits that the appellant was earlier convicted under Section 37 of Bihar Prohibition and Excise Act.
Considering the facts and circumstances of the case, period of custody appellant has already undergone, appeal is not Patna High Court CR. APP (SJ) No.1038 of 2023(2) dt.28-03-2023 3/3 likely to be heard in near future, argument advanced on behalf of the parties as well as materials available on record, in the opinion of this Court it will be proper to enlarge the appellant on bail during pendency of the appeal.
Accordingly, let the appellant above-named be enlarged on bail during pendency of the appeal on furnishing bail bond of Rs. 10,000/- (Rupees ten thousands) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in Paliganj P.S. Case No. 20 of 2023, Special Case No. 352 of 2023.
Sentence of the appellant is suspended during the pendency of the appeal.
The appellant is directed to co-operate this court in disposal of the appeal.
Put up the appeal under appropriate heading in due course after receipts of the lower court records.
(Alok Kumar Pandey, J) amitkr/-
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