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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49672 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Sonu Singh @ Sonu Kumar Singh, Son of Lalji Singh, R/O Village - Majhariya, P.S.- Buxar (Industrial Area), District - Buxar. 2.

Pankaj Yadav @ Pankaj Kumar Yadav, Son of Ramvilash Yadav, R/O Village - Umarpur, P.S.- Buxar (Industrial Area), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Buxar (Industrial Area) P.S. Case No. 48 of 2024 registered for the offences punishable under Section 30 (A) of the Bihar Prohibition & Excise Act .

3. As per the prosecution case, on a secret information, during patrolling duty, when the police reached at place of occurrence, on seeing police party, petitioners fled away throwing six boxes of liquor in the bush from which total 51.120 litres of foreign wine was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. They were neither present on the spot nor

Patna High Court CR. MISC. No.49672 of 2024(2) dt.14-08-2024 2/2 anything was recovered from their possesson. He has no concern with the place of recovery rather the alleged liquor has been recovered from the bush which is an open and public place. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Buxar, (Industrial Area) P.S. Case No. 48 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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