Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45450 of 2022 Arising Out of PS. Case No.-481 Year-2021 Thana- EKMA District- Saran ====================================================== Sonu Singh Son of Vinay Singh R/v- Bhuily, P.S- Ekma, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ekma P.S. Case no. 481 of 2021 instituted for the offence under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act. As per allegation in the FIR, when the informant along with police official went to Bhuily Chaur area on secret information, two persons on motorcycle trying to flee away but apprehended by the police. On search total 150 liters of country made liquor have been recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of petitioner came into light on confessional statement of the other

Patna High Court CR. MISC. No.45450 of 2022(2) dt.14-11-2022 2/2 co-accused which has got not evidentiary value in the eye of law. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. It is further submitted that neither the petitioner was arrested spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ekma P.S. Case no. 481 of 2021, he will be enlarged 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Act, Saran (Chapra) subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T