Sonu Kumar @ Sonu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41325 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== SONU KUMAR @ SONU SAH Son of Bira Sah Resident of villageRupsagar, P.S.-Nawanagar, District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 270 liters of liquor from pump house of Gopal Krishna Singh, further 175 liters of liquor recovered from a Maruti Car.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, It is next submitted that he came to be implicated based on confessional statement

Patna High Court CR. MISC. No.41325 of 2023(2) dt.04-07-2023 2/2 of Gopal Krishna Singh in police custody which does not have any evidentiary value, it is next submitted that petitioner is not the owner of the seized vehicle and he came to be implicated at the instance of Police through Gopal Krishna Singh because of his antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jagdishpur P.S. Case No. 208 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T