Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15481 of 2019 Arising Out of PS. Case No.-420 Year-2017 Thana- JAKKANPUR District- Patna ====================================================== Sonu Kumar, Son of Jag Narayan Mistry, Resident of Village - Jahanabad, P.sJahanabad, Distt.- Jahanabad, at present chhirsagar House, Behind sweat House, Renter, Mithapur, P.S.- Jakkanpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 This is an application for grant of anticipatory bail in connection with Jakkanpur P.S. Case No. 420 of 2017, disclosing offence under Section 39(a) of the Bihar Prohibition and Excise Act, 2016.

F.I.R. disclosed that police has received a secret information that petitioner and one accused Ranjit Kumar has open a Saloon and a shop of mobile repairing and from there they are engaged in selling the foreign liquor and on that, police raided the place and arrested the accused Ranjit Kumar and from his shop, 63 liters of foreign liquor was recovered and who disclosed the name of this petitioner also.

Submission of the learned counsel for the petitioner is that his name was disclosed by the accused Ranjit Kumar and

Patna High Court CR. MISC. No.15481 of 2019(3) dt.01-07-2019 2/2 nothing has been recovered from his possession or from his shop.

Heard learned A.P.P. also who has opposed the prayer for bail on the ground that the F.I.R. clearly disclosed that the recovery is from the shop of Ranjit Kumar and from this petitioner and as such, there is prima facie allegation against the petitioner.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below, on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T