Sumit Saurav @ Sumit Saurabh @ Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11601 of 2020 Arising Out of PS. Case No.-396 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== Sumit Saurav @ Sumit Saurabh @ Golu Singh, Aged about 25 years, Gender -Male, S/O Late Subodh Singh @ Subodh Kumar Singh Resident of Village - Laukaha, P.S. - Chakia, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2020 Heard Mr. Ajay Kumar Singh , learned counsel for the petitioner and Mrs. Renu Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing. The petitioner apprehends his arrest in connection with Chakia P.S. Case No. 396 of 2019 registered for the offence punishable under Section 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that Police got a secret information that consignment of illicit liquor has been stored in the bamboo clump of Dharmendra Sah proceeded towards the place of occurrence and recovered a total quantity of 202.470 liters of illicit liquor from the bamboo clump of the co-accused

Patna High Court CR. MISC. No.11601 of 2020(2) dt.12-06-2020 2/3 Dharmendra Sah, who was arrested by Police. It has further been alleged that the said arrested co- accused Dharmendra Sah disclosed that the consignment of illicit liquor was purchased by him from one Golu Singh (i.e. petitioner).

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of the statement made by the arrested co- accused. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession or from the premises belonging to the petitioner and the petitioner has got no criminal antecedent. Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 9th cum Special Judge Excise Motihari, East

Patna High Court CR. MISC. No.11601 of 2020(2) dt.12-06-2020 3/3 Champaran in connection with Chakia P.S. Case No. 396 of 2019 , subject to the condition as laid down under Section 438

(2) of the Code Of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T