Birla @ Sonu @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31953 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MANSOORCHAK District- Begusarai ====================================================== BIRLA @ SONU @ SONU KUMAR Son of Sukhdeo Chaudhary @ Pathal Chaudhari, Resident of Village - Fateha, P.S.- Mansoor Chak, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2019 Heard both sides.

The petitioner apprehends his arrest in Mansoorchak P.S. case No. 23 of 2019 registered under Section 272. 273 of the IPC and u/s 30, 36, 38, 40, 47 of Bihar Prohibition & Excise Act.

The informant got information that somebody had kept huge quantity of liquor in State tube well room situated in village Tenuha. On such, a raid was conducted. One person, namely, Saurabh Kumar, who was fleeing away with motor cycle, was arrested and huge quantity of Indian made foreign liquor was recovered from the tube well room. Saurabh Kumar disclosed the name of petitioner and others.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31953 of 2019(2) dt.14-05-2019 2/2 petitioner has no manner of concern with the alleged occurrence. Petitioner is not the owner of motor cycle. Saurabh Kumar has falsely implicated the petitioner without any reason on account of enmity with the Mukhiya of Panchayat. Taking into consideration the facts that save and except disclosure made by co-accused from whose possession huge quantity of IMFL was recovered there is no material against the petitioner and the petitioner has got no criminal antecedent, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Begusarai in connection with Mansoorchak P.S. case No. 23 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.