Sonu Kumar @ Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45405 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sonu Kumar @ Sonu Paswan Son of Sudish Paswan, Village- Raghunathpur, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, 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 Turkauliya P.S. Case No.130 of 2024 instituted under Sections 272, 273, 34 of the Indian Penal Code and 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. There is recovery of 06 litres of Indian made foreign liquor from bamboo orchard of Harihar Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to two criminal antecedents in which he is on bail. Except disclosure made by the Chowkidar, there is nothing material against the petitioner. Nothing has been recovered from

Patna High Court CR. MISC. No.45405 of 2024(2) dt.24-07-2024 2/2 possession of the petitioner rather recovery has been made from open place which is accessible to general public. The petitioner undertakes to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.I, Motihari, East Champaran in connection with Turkauliya P.S. Case No.130 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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