Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61594 of 2019 Arising Out of PS. Case No.-270 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

SONU KUMAR Son of Hare Ram Singh Resident of Village- Padideh, P.S. Bhagwanpur, District- Begusarai.

2.

Sumit Kumar Son of Kaushal Kishore Singh Resident of Village- Padideh, P.S. Bhagwanpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Kumar For the Opposite Party/s :

Ms.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Teghra Police Station Case No. 270 of 2019, disclosing offence under Sections 414/120B of the Indian Penal Code and Section 30(a) (b) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioners, as per the First Information Report, is that the police, on the basis of secret information, proceeded towards the place of occurrence and recovered 53.400 litres of illicit liquor, kept in a white-coloured Mahindra Maxima vehicle and also arrested the driver of the said vehicle, who disclosed the names of these petitioners as his

Patna High Court CR. MISC. No.61594 of 2019(2) dt.18-10-2019 2/3 accomplices.

Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case inasmuch no illicit liquor has been recovered from the conscious possession of the petitioners and the vehicle, which was seized by the police, did not belong to the petitioners. He further submits that the names of the petitioners have come on the basis of the confessional statement of the arrested driver. After having heard learned Counsel for the parties concerned and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioners and the petitioners have no concern with the vehicle in question, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Begusarai, in connection with Teghra Police Station Case No. 270 of 2019, subject to the condition

Patna High Court CR. MISC. No.61594 of 2019(2) dt.18-10-2019 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √