Sonu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54148 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54148 of 2016 Arising Out of PS.Case No. -269 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Sonu Kumar, Son of Jaga Sahani, resident of Village- Shambhupati, P.S. Samastipur Muffasil, District- Samastipur.

... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Mohan Kateryar, Advocate For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Samastipur Muffassil P.S. Case No. 269 of 2016 registered for the offences punishable under Sections 47, 54 and 57 of Bihar Excise Amendment Act, 2016.

Allegedly, the informant and other Police personnel recovered foreign liquor in huge quantity more than 273 liters from the Ikari field where the petitioner was standing with a motorcycle and having seen the Police he succeeded in fleeing away leaving his motorcycle bearing registration number BR33V3837. Submission is of false implication and that as a matter of fact no occurrence took place as alleged, the petitioner has been

Patna High Court Cr.Misc. No.54148 of 2016 (2) dt.21-12-2016 made victim of village politics and police atrocities and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to grant the petitioner privilege of pre-arrest bail, accordingly, his such prayer stands rejected. However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer for bail shall be considered on its own merit on the same day without being prejudiced by the present order.

(Jitendra Mohan Sharma, J) avin/- U T