Rajan Sonkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72665 of 2024 Arising Out of PS. Case No.-570 Year-2023 Thana- Excise P.S. District- Nawada ====================================================== Rajan Sonkar Son of Krishna Lal Sonkar Resident of Village- Sarvoday Nagar colony, CB Ganj, Bareilly, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Fakhruddin Ali Ahmad For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a), 56(2) (ii) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 4365 liters of foreign liquor is said to have been recovered from a truck bearing Registration No. UP25FT-1894.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the name of the petitioner has surfaced in the present case on account of the fact that the petitioner is the owner of the said truck. However, the petitioner has made a specific assertion that

Patna High Court CR. MISC. No.72665 of 2024(6) dt.06-08-2025 2/3 he had given the said truck to a transporter Sardar Vikramjeet Singh upon an oral agreement on monthly rent of Rs. 1,00,000/-. Later on, the said Vikramjeet Singh had further transferred the vehicle to one Md. Nasirmullah for driving without the permission and knowledge of the petitioner. It has been further submitted that by way of filing of supplementary affidavit that the petitioner is suffering a serious ailment and both his kidneys were damaged for which he was admitted in Apollo Hospital, New Delhi for kidney transplant on 23.03.2025 and his father had actually donated his kidney for which a surgery was conducted on 24.03.2025. The petitioner was discharged from the hospital on 02.04.2025 and the medical documents have been annexed as Annexure-P/1/A series. Further, the petitioner has no criminal antecedent.

5. Taking primarily into consideration the petitioner's health condition, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case

Patna High Court CR. MISC. No.72665 of 2024(6) dt.06-08-2025 3/3 No. 570 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

6. However, the petitioner would produce the medical documents before the learned court below and the court shall verify the authenticity of the document before accepting the bail bonds.

(Soni Shrivastava, J) devendra/- U T