Sujit Kumar Singh @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23566 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== SUJIT KUMAR SINGH @ SONU, age 32, Male, Son of Shri Sahdeo Singh R/o House No. 1A/3, Textbook Colony, P.S.- Patliputra, District- Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

The petitioner apprehends his arrest in Excise Case No.2300 of 2019 arising out of Patliputra P.S. Case No.103 of 2019 registered under Sections 30(a) and 38(i)(ii), 41(i) and 37(b) and (c) of Bihar Prohibition and Excise Act. The police got input about the keeping of liquor in the house No.1A/3 situated in Text Book Colony and on raid, two persons were apprehended who disclosed their names as Sonu Kumar @ Ravi and Raju Kumar @ Aditya. From their possession, illegal liquor was recovered.

The learned counsel for the petitioner submits that the petitioner is the owner of the house. Sonu Kumar @ Ravi and Raju Kumar @ Aditya were tenants of the petitioner. They were selling liquor without the knowledge of the petitioner but the

Patna High Court CR. MISC. No.23566 of 2019(2) dt.11-04-2019 2/2 petitioner has been made accused in this case only because he happens to be the owner of the house.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that the recovery was made from the apprehended accused who had taken the room on rent from the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge(Excise Act), Patna in connection with Excise Case No.2300 of 2019 arising out of Patliputra P.S. Case No.103 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T