Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11551 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- PARANDABAR District- Nawada ====================================================== 1.

Sonu Kumar Son of Satyendra Yadav @ Satendra Yadav Resident of Village - Karma Tand, P.S.- Parnadabar, District - Nawada. 2.

Sajan Kumar @ Sarjan Kumar Son of Anil Pandit Resident of Village - Telni Tola, P.S.- Gurpa, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(A), 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 220 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. It is alleged that 220 liters wine is recovered from two motorcycles. One of the motorcycles in question belongs to petitioner No.2. Said motorcycle

Patna High Court CR. MISC. No.11551 of 2023(2) dt.21-04-2023 2/2 was given by the petitioner No.2 to the co-villager for his personal use. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar). On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, 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 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 1st, Nawada in connection with Parnadabar P.S. case No.54/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T