Sonu Mandal @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69265 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sonu Mandal @ Sonu Kumar S/o Ratan Mahto, resident of Ward No. 36, Belwaganj, Behind Light House, Balbhadrapur, P.S.- Laheriasarai, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 414 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 37 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure of co-accused Ashutosh Kumar Jha, Sonu Kumar Jha and Suman Kumar. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.69265 of 2018(2) dt.26-11-2018 2/2 the implication of the petitioner in this case. It is alleged that 37 liters wine is recovered from the house of co-accused Ashutosh Kumar Jha. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IV-cum-Special Judge, Darbhanga in connection with G.O. Excise case No.288 of 2018 arising out of Laheriasarai P.S. case No.151 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T