Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18182 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- CHANDRAMANDI District- Jamui ====================================================== Sonu Kumar, Son of Umesh Thakur, Resident of Mohalla - Doctor Toli, ward No.7, Mokama, P.S.- Mokama, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-10-2021 Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Chandramandi P.S. Case No.02 of 2021/G.R. No.35 of 2021 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, 2018.
There is an alleged recovery of 337 litres and 200 ml. country made liquor from a tempo. Petitioner is alleged to be arrested from the tempo.
Counsel for the petitioner submits that the petitioner had taken a lift in the tempo and has become a victim of circumstances as he was not having any knowledge regarding the illicit liquor being transported in the tempo. He has no
Patna High Court CR. MISC. No.18182 of 2021(2) dt.25-10-2021 2/3 criminal antecedents and is in custody since 04.01.2021. Recovery is not in accordance with Section 100 Cr.P.C. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on 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, Jamui/Incharge Successor Court, in connection with Chandramandi P.S. Case No.02 of 2021/G.R. No.35 of 2021, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.18182 of 2021(2) dt.25-10-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T