Sonu @ Sunu Kumar @ Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85201 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- RUPASPUR District- Patna ====================================================== Sonu @ Sunu Kumar @ Mohan Kumar, Son of Laxuman Mishra, Resident of Mohalla - Mandiri Basghat Road, P.S.- Budha Colony, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) & 37(b)(c) of Bihar Prohibition and Excise Act, 2016. The recovery of 12.960 litres of Indian Made Foreign Liquor were made from co-accused Ajay Kumar and Manorama Devi and co-accused Ajay Kumar was found in intoxicated condition. It is further alleged that the petitioner used to sell liquor illegally.

It is submitted by learned counsel for the petitioner that the recovery has not been made from conscious physical possession of the petitioner and petitioner has not found in intoxicated condition. A statement has been made in paragraph 3

Patna High Court CR. MISC. No.85201 of 2019(2) dt.20-02-2020 2/2 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the thrust of accusation against coaccused Ajay Kumar and Manorama Devi and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna. in connection with Rupaspur P.S. Case No. 62 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T