Sonu Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16313 of 2018 Arising Out of PS. Case No.-107 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Sonu Kumar @ Deepak Kumar, Son of Ayodhya Singh @ Ayodhya Prasad Singh, Resident of Village- New Gangauli, P.S.- Dalmia Nagar, DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naushad Akhtar For the Opposite Party/s :

MD. SUFIYAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 37(a)(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the petitioner had consumed the liquor along with other co-accused and fled away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused namely Pawan Patel and Deepak Kumar. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.16313 of 2018(2) dt.22-03-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is a case where the prosecution has alleged that the petitioner had consumed liquor along with other co-accused. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum- Special Judge, Excise, Rohtas at Sasaram in connection with Dehri, Dalmia Nagar P.S. Case No. 107/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T