Suman Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33430 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Suman Sao Son of Late Bhuneshwar Sao Resident of village - Rasanpur, P.S.- Warisaliganj, District - Nawada 2.

Sajo Manjhi Son of Late Lotha Manjhi Resident of village - Rasanpur, P.S.- Warisaliganj, District - Nawada 3.

Sahdeo Manjhi Son of Ram Chandra Manjhi Resident of village - Rasanpur, P.S.- Warisaliganj, District - Nawada 4.

Bisho Paswan Son of Late Ramdeo Paswan Resident of village - Rasanpur, P.S.- Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad , Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act 2016.

3. It is alleged that 10 liters of country made wine was recovered from the open field.

4. It is submitted that the petitioners are innocent and have falsely been implicated in this false and fabricated case . No incriminating material has been recovered from the

Patna High Court CR. MISC. No.33430 of 2024(3) dt.28-06-2024 2/2 conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner No. 4 has got one criminal antecedent.

5. Learned counsel for the State opposed the bail petition and submitted that petitioner Nos. 1 , 2 and 3 has got two criminal antecedents of similar nature .

6. Considering the facts of the case as also the fact that petitioner Nos. 1 , 2 and 3 has got two criminal antecedents of similar nature , their prayer for anticipatory bail is rejected.

7. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner No. 4, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Court-2, Nawada in connection with Warsaliganj Police Station Case No . 117 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/Namita - U T