Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2684 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- DHANAHA District- West Champaran ====================================================== 1.

SUNNY KUMAR Son of Surendra Kumar Resident of Village - Sersa, P.S. Kundli, District - Sonipat (Haryana).

2.

Dipendra @ Deepak Son of Mukesh Kumar Resident of Khaira More BlockB, P.S. Najafgar, District - Delhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Recovery is of 220.875 liters of illegal liquor. Learned counsel appearing for the petitioners submits that petitioners have clean antecedent. They have falsely been implicated in the present case. He further submits that it

Patna High Court CR. MISC. No.2684 of 2022(2) dt.18-05-2022 2/3 appears from the FIR as well as seizure list that nothing has been recovered from conscious possession of the petitioners rather the recovery has been made from the Car in in question and the petitioners are neither the owner nor the driver of the vehicle in question and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 29.10.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Dhanaha S.Case No. 186 of 2021 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.2684 of 2022(2) dt.18-05-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailors must be the father/brother of the petitioners and another bailor shall be the resident of territorial jurisdiction of the learned court below.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T