Sonu @ Sanjeet Kumar @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13924 of 2021 Arising Out of PS. Case No.-264 Year-2018 Thana- NADI P.S. District- Patna ====================================================== SONU @ SANJEET KUMAR @ SANDEEP KUMAR Son of Kaleshar Ray @ Kaleshwar Rai Resident of Village - Jethuli, P.S. - Nadi, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Pandey, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 147, 148, 149, 353, 337, 338, 427, 431/34 of I.P.C. and Sections 30(a), 45 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the F.I.R. named accused persons along with 30 unknown attacked the raiding party with pellet, lathi, danda, due to which raiding party became injured and one Ajit Kumar sustained grievous injury. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.13924 of 2021(2) dt.27-07-2021 2/3 the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. So far Section 307 of I.P.C. is concerned, general and omnibus allegation has been made. No specific overt act is alleged against the petitioner. From perusal of the F.I.R., it appears that the prosecution has not disclosed recovered quantity of liquor. Altogether 15 named persons along with 30 unknown persons have been made accused in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special case No.12083 of 2018 arising out of Nadi P.S. case No.264 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.13924 of 2021(2) dt.27-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T