Sunil Kumar Yadav @ Sunil Yadav @ Sunil Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.9660 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== SUNIL KUMAR YADAV @ SUNIL YADAV @ SUNIL KUMAR SUMAN Son of Late Upendra Yadav Resident of Village - Sohama, P.S.- Bithan, District - Samastipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkakar, Advocate Mr. Bhubneshwar Prasad, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Bithan P.S. Case No. 124 of 2019 registered for the offence punishable under Sections 30(a)/30(f) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the alleged recovery of illicit liquor has been made from a hut which is situated at a distance of 1⁄2 kilometer from his house and the said hut is surrounded by open filed where no person used to live. It is further submitted that except suspicion there is

Patna High Court CR. MISC. No.9660 of 2020(2) dt.11-06-2020 2/3 is no prima facie material to connect the petitioner in the present case.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is though alleged against the petitioner that the illicit liquor has been recovered from a hut belonging to the petitioner but it is the specific statement of the petitioner in paragraph '9' that the wine has been recovered from a hut which does not belong to the petitioner and the said hut is situated at a distance of 1⁄2 kilometer from the house of the petitioner and the same is surrounded by an open field and no person used to live there, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Bithan P.S. Case No. 124 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when

Patna High Court CR. MISC. No.9660 of 2020(2) dt.11-06-2020 3/3 required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) avin/-Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.