Sonu Rajak @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35575 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- BUXAR District- Buxar ====================================================== Sonu Rajak @ Sonu Son of Md Karim Rajak @ Karim Rajak Resident of Village - Satiwara Nehru Nagar, Ward No.- 32, P.S.- Buxar Town, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kumar Ojha For the Opposite Party/s :
Mr.Arvind Kumar Pandey(App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Buxar (Town) P.S. Case No. 103 of 2024 lodged on 20.02.2024 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016.
3. As per the prosecution story F.I.R has been lodged against two named accused persons with whom there is recovery of 94.92 litre of foreign liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has three antecedents. He further submits that nothing has been recovered from the possession of the
Patna High Court CR. MISC. No.35575 of 2024(3) dt.12-07-2024 2/2 petitioner nor the petitioner has been arrested from the spot. The name of the petitioner has been surfaced in this case only by the disclosure of the enemy of the petitioner. In fact, the alleged recovery has been made from the embankment of the river Ganga which is a public place and does not belong to the petitioner.
5. Learned APP for the State opposes the prayer for bail .
6. As such, in the light of the submission made and the huge recovery, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner stands rejected.
(Dr. Anshuman, J) Sunnykr/- U