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Patna High CourtCR. MISC./9426/2020allowed

Sunny Kumar @ Sonu Ram @ Sunny v. The State Of Bihar

2020-03-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9426 of 2020 Arising Out of PS. Case No.-321 Year-2019 Thana- AIRPORT District- Patna ====================================================== Sunny Kumar @ Sonu Ram @ Sunny, aged about 48 years, Male, Son of Dinesh Ram, Resident of Village - Malitola Shekhpura, P.S. - Hawai Adda, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hawai Adda P.S. Case No. 321 of 2019/ Special Excise Case No.11551 of 2019 registered for the office under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 10.5 liters of Indian made foreign liquor has been recovered from the rented house of the petitioner, but the owner of the house has not been made accused in this case or neither his statement has been taken nor he has been made witness to the alleged liquor. Learned counsel for the petitioner further

Patna High Court CR. MISC. No.9426 of 2020(2) dt.02-03-2020 2/2 submits that the petitioner has got no criminal antecedent and the petitioner is made accused only on suspension. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that the petitioner is agreed to deposit Rs.5,000/- (five thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release the petitioner on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise, Patna in connection with Hawai Adda P.S. Case No.321 of 2019, Special Excise Case No.11551 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T