Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13441 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- BARHARIA District- Siwan ====================================================== 1.

SUNNY KUMAR SON OF MANOJ SAH R/O VILLAGE- BALAPUR, P.S.- BARHARIYA, DISTRICT- SIWAN 2.

MANOJ SAH SON OF MOTILAL SAH R/O VILLAGE- BALAPUR, P.S.- BARHARIYA, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Kumari Anupam For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-04-2022 At the very outset, learned Senior Counsel for the petitioners seeks permission to withdraw the present anticipatory bail application as against petitioner No. 1 (Sunny Kumar).

Permitted to be withdrawn.

It is, thus, dismissed as withdrawn as against petitioner No. 1.

Learned Senior Counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection

Patna High Court CR. MISC. No.13441 of 2022(2) dt.08-04-2022 2/2 with Barhariya P.S. Case No. 19/2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Petitioner No. 2 is the father of petitioner No. 1 and it has been submitted that they have no concern with the seized liquor and there is no evidence against this petitioner except the confessional statement of co-accused.

Considering the facts and circumstances, the present anticipatory bail application is allowed.

Accordingly, let the petitioner No. 2 (Manoj Sah) be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Court No. 1, Siwan, in connection with Barhariya P.S. Case No. 19/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sandeep Kumar, J) Saif/- U T