Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63593 of 2023 Arising Out of PS. Case No.-171 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Sonu Kumar S/O Bindalal Sah R/O Village- Madhopur, P.S. Barauli, DistrictGopalganj. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Siwan Mufassil P.S. Case No. 171 of 2021 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(i) of Bihar Prohibition and excise Act.

3. There is total recovery of 90 litres illicit liquor from the scorpio vehicle and 4320 litres liquor from the truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of the confessional statement of the arrested person. Learned counsel further submits that there is no recovery from the conscious possession of the petitioner and he

Patna High Court CR. MISC. No.63593 of 2023(2) dt.17-10-2023 2/2 has no concern with the seized vehicles or arrested person or seized illicit liquor. Petitioner is neither owner nor driver of the seized vehicles. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Siwan Mufassil P.S. Case No. 171 of 2021, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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