Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81785 of 2023 Arising Out of PS. Case No.-954 Year-2022 Thana- SONEPUR District- Saran ====================================================== SONU KUMAR Son of Vijay Kumar Rai @ Vijay Rai Resident of Village - Sabalpur Chaharam, P.S.- Sonepur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alexander Ashok, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned Senior Counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of total recovery of 120.04 litres of liquor from the street situated behind the house of Ajay Rai and this petitioner out of which 15 litres of liquor from kiosk of Ravindra Chaurasiya.

5. Learned Senior Counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner because of the antecedent came to be

Patna High Court CR. MISC. No.81785 of 2023(3) dt.21-02-2024 2/2 implicated as alleged recovery was made from a place behind his house when admittedly the said place does not belong to the petitioner. It is next submitted that the Chawkidar with whom petitioner is on an inimical term falsely implicated him.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned Senior Counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.15,000/- (Rupees Fifteen 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 Sonepur P.S. Case No. 954 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T