← Library
Patna High CourtCR. MISC./39628/2019bail rejected

Sonu Kumar @ Sonu Chaudhary v. The State Of Bihar

2019-06-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39628 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Sonu Kumar @ Sonu Chaudhary, aged about 19 years, Gender-Male, Son of Nanhu Chaudhary Resident of Village - Masahi, P.S.- Bhagwanpur, Distt - Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Kudra P.S. Case No. 106 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution story, the Informant saw that two persons are coming from motorcycle carrying one white bag, on seeking the policy party, they fled away from there leaving the motorcycle bearing registration No. BR45F 8615. On search, 300 bottles, each containing 180 ml English wine (Total 54 litres), has been recovered.

Learned counsel for the petitioner submits that six

Patna High Court CR. MISC. No.39628 of 2019(2) dt.28-06-2019 2/2 days earlier before the Incident, the petitioner had purchased the alleged motorcycle from one Rakesh Kumar Yadav. Looking to the recovery of huge quantity of liquor as also the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and makes a prayer for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law preferably on the same day of appearance.

(Shivaji Pandey, J) rishi/- U T