Soti @ Avinash Kumar @ Sothi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64106 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Soti @ Avinash Kumar @ Sothi Son Of Ram Naresh Singh Resident Of Barahiya, Ward No. 7, Ps- Barahiya, Dist- Lakhisarai ... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Udbhav, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Mr. Udbhav, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 156 of 2023, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegedly in course of patrolling, the police intercepted the Scorpio, however, on noticing the police, the persons seated therein tried to flee away, out of which one of the accused, namely, Mukesh Kumar was apprehended, who disclose the name of their associates including the petitioner. In course of

Patna High Court CR. MISC. No.64106 of 2023(2) dt.17-10-2023 2/3 search, total 26 litres of Mahua liquor was recovered.

4. It is submitted on behalf of the petitioner that the petitioner has neither any concern with the Scorpio vehicle nor with the alleged recovered illicit Mahua liquor. Only on account of his past criminal antecedents, his name has been implicated in this case. He further submits that there is serious infirmities in the search and seizure, apart from that, the witnesses to the seizure are none else but the police personnel. He next submitted even during the course of investigation, no incriminating material has recovered from the whereabouts of the petitioner showing any complicity in crime in question. He lastly submits that the petitioner undertakes that he will fully cooperate in the investigation or in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from a Scorpio, which does not belong to the petitioner, apart from the infirmities in the search and seizure, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a

Patna High Court CR. MISC. No.64106 of 2023(2) dt.17-10-2023 3/3 copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IV- Cum Special Excise Court 1, Lakhisarai in connection with Barahiya P.S. Case No. 156 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shoaib/- U T