Sonu Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5267 of 2019 Arising Out of PS. Case No.-640 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Sonu Ojha Prem Narayan Ojha @ Prem Shankar Ojha Resident of VillageAmbika Nagar, Ward No.12, P.S.-Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 640 of 2018 registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and 30(a) of the Bihar Prohibition & Excise Act, 2016.

From the godown of co-accused Prakash Khetan, huge quantity of liquor was recovered. Allegation is that the petitioner is also involved in the business of liquor. Similarly placed co-accused, namely Panalal Sah has been granted anticipatory bail by a co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.5267 of 2019(3) dt.28-03-2019 2/3 dated 13.02.2019 passed in Cr. Misc. No. 8502 of 2019. Petitioner is in custody since 18.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 640 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on

Patna High Court CR. MISC. No.5267 of 2019(3) dt.28-03-2019 3/3 bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T