Sanjog Kumar Soni @ Sanjog Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47996 of 2017 Arising Out of PS. Case No.-156 Year-2017 Thana- Patliputra District- Patna ====================================================== Sanjog Kumar Soni @ Sanjog Kumar Son of Arjun Prasad, R/o MohallaOpposite Digha Bata Show Room, Behind Green Colour House, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-10-2017 Heard Sri Binay Kant Mani Tripathi, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Patliputra P.S. Case No. 156 of 2017 (Special Case No. 1709 of 2017) registered for offence under Sections 30(a)(d)/38(1)/37(a) (b)(c) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that it is a peculiar case, in which, a raid was shown to be conducted in a birthday party and from that place, one empty bottle of Royal Stag i.e. Indian make foreign liquor was recovered and it was alleged, as if, in party the accused persons were having drunk. He submits that nothing was recovered with specific assertion that it was liquor or not, only breath analyzer

Patna High Court Cr.Misc. No.47996 of 2017(2) dt.17-10-2017 2/2 was made in respect of 14 persons and out of 14 persons, the test was found positive in respect of 3 persons and number of persons were arrested by the police. It has been argued that it is a classic case of high-handedness of the police regarding interference in the private life of citizen. He submits that nothing has been found showing direct connection of the petitioner and petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition. Considering the facts and circumstances as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Sonjog Kumar Soni @ Sanjog Kumar be enlarged 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, Patna in connection with Patliputra P.S. Case No. 156 of 2017 (Special Case No. 1709 of 2017), subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T