Sonal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.730 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Sonal Kumar, Son of Mukesh Singh @ Mukesh Kumar Singh Resident of Village- Baradih (Dargah), P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr.Pravin Kumar, Advocate.

For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Katra P.S. Case No. 47 of 2019 registered under Sections 30(a) and 38(1) of the Bihar Excise Act, 2016. The accusation is that in course of patrolling duty, one Bolero Vehicle bearing registration no. BR30B 2306 was seen coming towards Aakuchi Chouck. Thereafter, on giving signal to stop the vehicle, the persons boarding on the vehicle succeeded to flee away. On search of the vehicle several bottles, kept in different cartoons, in the volume of 254.88 litres Indian made foreign liquor and one mobile set were recovered. Learned counsel for the petitioner submits that Katra

Patna High Court CR. MISC. No.730 of 2020(2) dt.04-02-2020 2/2 P.S. Case No. 47 of 2019 was lodged against unknown owner and driver of Bolero Vehicle bearing registration no. BR30B 2306 but in course of investigation, the seized mobile was found in the name of Sarswati Devi and thereafter, on query Sarswati Devi disclosed that the aforesaid mobile set was purchased by Sambhu Sah, using her Adharcard and he used the mobile set. Thereafter, Sambhu Sah was apprehended by the police, who disclosed the name of this petitioner as his associate without specific allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, in connection with Katra P.S. Case No. 47 of 2019 , subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T