Subhash Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24971 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -GORAUL District- VAISHALI (HAJIPUR) =====================================

1. Subhash Kumar Soni, Son of Shankar Sah, Resident of village-Chehara Kala, P.S.- Goraul, District-Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh, Adv. For the Opposite Party/s : Mr. Ajay Kumar 2 (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 The certified copy of the First Information Report of Goraul P.S. Case No.70 of 2016 has been filed on behalf of the petitioner in course of the day. Let it be kept on record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Goraul P.S. Case No.70 of 2016, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 47(g), 54/60(2) of the Bihar Excise Act.

Patna High Court Cr.Misc. No.24971 of 2016 (2) dt.21-06-2016 2/3 From the First Information Report, it appears that certain quantity of foreign made liquor and country made liquor was recovered from a house in which coaccused, namely, Sushila Devi, was present. She disclosed to the police officials that the intoxicants were kept there by the present petitioner.

Learned counsel for the petitioner has submitted that evidently the liquor was not seized from the petitioner's house and merely on the basis of statement of the person from whose house the liquor was seized, the petitioner has been implicated in the present case. It has further been submitted that his false implication in a criminal case is because he was contesting Panchayat election for the post of Member, Zila Parishad. I find some force in submission, advanced on behalf of the petitioner. This application is, accordingly, allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul P.S. Case No.70 of 2016, subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court Cr.Misc. No.24971 of 2016 (2) dt.21-06-2016 3/3 Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T