Sanni Kumar @ Sanni @ Kaju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34029 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Sanni Kumar @ Sanni @ Kaju Son of Late Mohan Prasad, Resident of Village - Mehsaul (Bhim Singh Gali), P.S.- Sitamarhi, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2019 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi (Mehsaul) P.S. Case No.140 of 2019 registered under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act. The police on secret information that two persons are illegally selling liquor on a thela in Bhim Singh gali, raided the place and apprehended two persons, namely, Rajnish Kumar @ Sujit Kumar @ Chhotu and Shashi Kumar. Both apprehended accused disclosed that Sanni Kumar (petitioner) asked them to sell liquor.

Learned counsel for the petitioner submits that there is nothing on record to show that the petitioner asked the apprehended accused to sell liquor. Two persons, who were

Patna High Court CR. MISC. No.34029 of 2019(2) dt.23-05-2019 2/2 selling liquor, were apprehended. The petitioner has got no criminal antecedent and nothing has been recovered from conscious possession of the petitioner.

Having considered the facts and the nature of allegation made against the petitioner and the fact that nothing has been recovered from conscious possession of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi (Mehsaul) P.S. Case No.140 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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