Sonu Gupta @ Sonu Sah @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81543 of 2023 Arising Out of PS. Case No.-250 Year-2022 Thana- Excise P.S. District- Madhepura ====================================================== SONU GUPTA @ SONU SAH @ SONU KUMAR son of Shivshankar Sah Village- Mandir Gali Singeshwar Ps- Singeshwar Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Madhepura Excise P.S. Case No. 250 of 2022 dated 16.06.2022 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 69.10 litres codeine cough syrup kept in 691 bottles was recovered from the hut of the coaccused Sarita Devi.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No

Patna High Court CR. MISC. No.81543 of 2023(2) dt.12-01-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. The recovery was made from the hut of the co-accused Sarita Devi. The name of the petitioner has transpired in the confessional statement of the co-accused Sarita Devi. The petitioner has three other criminal antecedents as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. It is further submitted that it is a case of NDPS Act.

7. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhepura in connection with Madhepura Excise P.S. Case No. 250 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T