Sonalal @ Sonalal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86610 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== SONALAL @ SONALAL RAM Son of Kapil Ram Resident of Village - Mahangua, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Kundwachainpur P.S. Case No. 16 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 90 liters of nepali country made saufi wine from two jute bags loaded on a motorcycle and upon inquiry, the villagers had disclosed that one of the person, who had fled away, was the petitioner. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted by

Patna High Court CR. MISC. No.86610 of 2019(3) dt.24-01-2020 2/2 referring to paragraph no. 11 of the present petition that the petitioner has no concern either with the wine or with the motorcycle, thus, the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted in the present case. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I find that prima facie no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016 qua the petitioner herein as far as the case of the petitioner for grant of anticipatory bail is concerned.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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, Motihari, East Champaran in connection with Kundwachainpur P.S. Case No. 16 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T