Sonu Mansuri @ Shonu Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71637 of 2021 Arising Out of PS. Case No.-7 Year-2019 Thana- PAWANA District- Bhojpur ====================================================== Sonu Mansuri @ Shonu Mansuri Son of Dusrail Mirja @ Salim Mansoori Resident of Village - Guljarpur, P.s.- Sahar, Distt.- Bhojpur (Bihar) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail of petitioner Sonu Mansuri @ Shonu Mansuri who is apprehending his arrest in connection with Pawna P.S. Case No. 07 of 2019 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R., there is recovery of 15 liters of Deshi Mahua liquor from yellow colour bag which was kept on the seat of the motorcycle in question and the petitioner is alleged to

Patna High Court CR. MISC. No.71637 of 2021(2) dt.14-06-2022 2/3 have fled away from the place of occurrence along with one another co-accused.

Learned counsel for the petitioner submits that petitioner is not named accused nor owner of the motorcycle in question from which alleged recovery was made. He has no concerned with the alleged liquor and his name came only on the basis of suspicion and seizure of fine slip of transport department in the name of petitioner found in the dikki of the motorcycle from which 15 liters Deshi Mahua liquor was recovered. He has further submitted that petitioner has got no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioner. Having heard learned counsel for the parties and considering the facts that petitioner has no criminal antecedent, there is no recovery from the conscious possession of the petitioner and his name came on the basis of suspicion, as such, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.71637 of 2021(2) dt.14-06-2022 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IVth-cum-Special Judge, Excise, Bhojpur, Ara in connection with Pawna P.S. Case No. 07 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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