Sone Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83039 of 2024 Arising Out of PS. Case No.-356 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Sone Lal Rai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Surendra Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Didarganj P.S. Case No. 356 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner along with other coaccused persons is that two persons on a bike having a gunny bag were coming. When they intercepted, the driver managed to escape. One Vikash Kumar was apprehended and from that

Patna High Court CR. MISC. No.83039 of 2024(2) dt.11-12-2024 2/3 gunny bag, 50 liters of country made liquor was recovered. Vikash Kumar disclosed the name of the petitioner and he also disclosed that the petitioner is the owner of the said bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. During course of hearing, learned counsel for the petitioner has submitted that he is not the owner of the said bike. He is classmate of the apprehended co-accused namely, Vikash Kumar and they had some differences due to which he has been falsely implicated in this case. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Didarganj P.S. Case No. 356 of 2024, he will 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 learned Special Judge Excise, Patna City subject

Patna High Court CR. MISC. No.83039 of 2024(2) dt.11-12-2024 3/3 to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T