Sonu Kumar Sah @ Sonu Ku. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4103 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== SONU KUMAR SAH @ SONU KU. SAH SON OF SURENDRA SAH R/O VILLAGE- MAHAMDA, P.S.- BHAGWANPUR HAT, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 38(2) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 97.500 litres of liquor which was buried under the earth in the courtyard of petitioner's house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession. It is next submitted that the recovery was made from a place outside the house of the petitioner but the police deliberately and falsely

Patna High Court CR. MISC. No.4103 of 2022(2) dt.01-07-2022 2/2 alleged that the same was recovered from the house of the petitioner, further it is submitted that the house is a joint family property as such it cannot be alleged with certainty that the petitioner was aware that liquor was kept in his house. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent, the 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 released on anticipatory bail on furnishing bail bonds of Rs. 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhagwanpur Hat P.S. Case No. 215 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T