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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45173 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sonu Kumar @ Sonu Kumar Ray Son of Kishor Kumar Rai @ Kishor Ray Resident of Village - Subhai, Police Station - Hajipur Sadar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Suruchi Anand, Advocate.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No.129 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 2.25 litre Indian made foreign liquor was recovered from the possession of coaccused Kishor Kumar Rai who was apprehended and it is alleged that petitioner has fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case and he is not involved in the occurrence. He further submits that except the disclosure statement of the co-accused and suspicion, there is no material against the petitioner.

Patna High Court CR. MISC. No.45173 of 2024(2) dt.24-07-2024 2/2 Learned counsel submits that petitioner was not present on the spot and nothing has been recovered from the conscious physical possession of the petitioner. He further submits that petitioner has clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.129 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T