Raju Sah @ Raju Sonar @ Raju Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90321 of 2024 Arising Out of PS. Case No.-646 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Raju Sah @ Raju Sonar @ Raju Kumar Soni S/o Late Laxman Sonar R/o vill - Bhaisahi, PS- Chanpatia, District- West Chamnparan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Chanpatiya PS case no. 646 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that on secret information, police recovered 01 liter of country liquor from near the road and on enquiry from the villagers, the escaped person has been identified as the petitioner herein.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. He further submits that illicit liquor has been recovered

Patna High Court CR. MISC. No.90321 of 2024(2) dt.29-01-2025 2/2 from the road which is an open space accessible to everyone. He also submits that though the petitioner is accused in two other cases but he is on bail in both the cases.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space and not from inside the house of the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Bettiah, West Champaran in connection with Chanpatiya PS case no. 646 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T