Sohan Prasad @ Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11833 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Sohan Prasad @ Sohan Kumar S/o Lakhan Mahto @ Lakhan Kuiri Resident of Village- Bagi Bardiha, P.S.- Warisaliganj, Distt- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Government Official Case No. 01 of 2020, registered under sections 30(a) and 56(d) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received it is stated that search of vehicle started. On search, 337.5 litre liquor was recovered from the vehicle. It is further stated that on enquiry, the name of the accused persons including the petitioner transpired.

Patna High Court CR. MISC. No.11833 of 2020(4) dt.30-06-2020 2/3 It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. It is further submitted that neither the vehicle in question nor the liquor belongs to the petitioner. There is further inordinate unexplained delay from the date of recovery of the seized liquor to registration of the FIR. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Government Official Case no. 01 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-

Patna High Court CR. MISC. No.11833 of 2020(4) dt.30-06-2020 3/3 Special Judge, Excise Act, Nawada subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T