Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2570 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sonu Kumar Ramanand Singh @ Rajnandan Prasad Resident of VillageNarma P.S.- Kako, District -Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 1013 of 2018 arising out of Makhdumpur (Tehta O.P.) P.S. Case No. 379 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Informant in his self statement has stated that he received a confidential information regarding transportation of illegal foreign liquor on white Scorpio from Jehanabad towards Tehta and the said Scorpio being followed by two motorcycles. He alongwith other police personnel located the Scorpio and two motorcycle gave signal to stop, but they began to drive rashly and negligently and tried to flee away and when accused

Patna High Court Cr.Misc. No.2570 of 2019(2) dt.22-01-2019 2/3 persons reached near village Saidpur Beldari, they started fleeing away leaving their vehicles, however, after chase two of them were apprehended who disclosed their name as Sonu Kumar (petitioner) and Rahul Kumar. On search, 1325 litres of foreign liquor was recovered from the scorpio and from the two motorcycles.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Nothing has been recovered from the conscious possession of the petitioner. petitioner has no criminal antecedent and he is in custody since 14.10.2018. 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 Additional District & Sessions Judge-II cum Special Judge (Excise), Jehanabad, in connection with Excise Case No. 1013 of 2018 arising out of Makhdumpur (Tehta O.P.) P.S. Case No. 379 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

Patna High Court Cr.Misc. No.2570 of 2019(2) dt.22-01-2019 3/3 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 bail the trial court shall take steps to cancel his bail bond.

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