Sonu Kumar @ Sonu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86544 of 2023 Arising Out of PS. Case No.-216 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Sonu Kumar @ Sonu Kumar Sharma S/O HARIHAR NATH SHARMA Village- Dharampur Ram Rai, P.O. P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

2. The petitioner apprehend his arrest in connection with Bhagwanpur P.S. Case No. 216 of 2023, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the First Information Report, the police intercepted a motorcycle and arrested a person namely Kundan Kumar and recovered 750 ML of illicit liquor from the dickey of the motorcycle.

4. Learned counsel for the petitioner submits that petitioner has been made accused by virtue of the fact that he happens to be the owner of the motorcycle which was being driven at the time of occurrence by his brother-in-law Kundan

Patna High Court CR. MISC. No.86544 of 2023(2) dt.31-01-2024 2/2 Kumar. He further submits that the petitioner was not aware about the fact that his brother-in-law was carrying liquor on the motorcycle. He further submits that the petitioner resides at Pune, Maharastra.

5. Having regard to the submissions made on behalf of the parties and taking into consideration, the fact that the petitioner is having no criminal antecedent and the illicit liquor has been recovered while the motorcycle was being driven by brother-in-law of the petitioner namely Kundan Kumar, I am inclined to grant the petitioners privilege of anticipatory bail.

6. Let the petitioner, Sonu Kumar @ Sonu Kumar Sharma in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount to the satisfaction of learned Exclusive Spl. Excise Court No.- I- cum- A.S.J., Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 216 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Anil Kumar Sinha, J) Sudha/- U T