Sonu Kumar Ray @ Sonu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11698 of 2020 Arising Out of PS. Case No.-86 Year-2019 Thana- BANIAPUR District- Saran ====================================================== Sonu Kumar Ray @ Sonu Kumar Rai Son of Chandrma Ray Resident of Village- Hansrajpur, P.S.- Baniapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Baniyapur P.S. Case no.86 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on secret information having been received and a raid being conducted, one accused namely, Bharat Raut was arrested and a total quantity of 6.2 litres of liquor was recovered. It is further stated that two persons managed to escape on a motorcycle after throwing the plastic bag that they were carrying. They were identified by the local Chaukidar as Sonu Kumar, the petitioner herein and Prakash Kumar Singh.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.11698 of 2020(2) dt.11-06-2020 2/2 the allegation as levelled in the F.I.R. is false and incorrect. He has been falsely implicated at the instance of local Chaukidar. There is no recovery from the possession of the petitioner and he has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner, in the event of his arrest/surrender within eight weeks, is directed to be enlarged on bail in connection with Baniyapur P.S. Case no.86 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Saran at Chapra, subject to the condition stipulated under section 438(2) Cr.P.C. (Partha Sarthy, J) Bibhash/- U T