Sonu Bhagat @ Bhavesh Bhagat @ Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5492 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== SONU BHAGAT @ BHAVESH BHAGAT @ BHAVESH KUMAR S/o Binod Bhagat R/o Village- Kakar Bishanpur, P.S.- Kumarkhand, DisttMadhepura, At present residing at Bansi Chauk, Triveniganj Bazar, P.S.- Triveniganj, Distt- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 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) of the Bihar Prohibition and Excise Act, 2018.

Altogether 61.92 litres illicit foreign liquor has been recovered from the flour mill of one Lalan Kumar. Lalan Kumar was apprehended on the spot and disclosed the name of the petitioner as supplier of the illicit liquor. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather the illicit liquor is

Patna High Court CR. MISC. No.5492 of 2023(2) dt.07-04-2023 2/3 said to have been recovered from the flour mill of one Lalan Kumar. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not the owner of the alleged house. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended persons which has no evidentiary value in the eye of law. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in account of Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

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.25,000/- (Rupees Twenty Five Thousand) with two sureties

Patna High Court CR. MISC. No.5492 of 2023(2) dt.07-04-2023 3/3 of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Triveniganj P.S. Case No. 510 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Bihar State Bar Council Welfare Fund. (Anjani Kumar Sharan, J) divyanshi/- U T