Sonu Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80204 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== SONU CHAUBEY Son of Manan Chaubey Resident of Village - Sajna, P.S. - Mairwa, District - Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Mairwa P.S. Case No. 201 of 2019 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery of illicit liquor from the possession of the petitioner and the motorcycle, he has been falsely implicated in this case, however petitioner having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, wherein there is no recovery of illicit liquor from the possession of the petitioner and the motorcycle on which the apprehended accused were riding does not belong to this petitioner and the petitioner has no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail

Patna High Court CR. MISC. No.80204 of 2019(2) dt.06-12-2019 2/2 furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - 2nd - cum - Special Judge, Excise, Siwan, in connection with Mairwa P.S. Case No. 201 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T