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Patna High CourtCR. MISC./4500/2017bail granted

Sonu Kumar @ Sonu Kumar Yadav v. The State Of Bihar

2017-02-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4500 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -BAISI District- PURNIA ====================================================== Sonu Kumar @ Sonu Kumar Yadav, S/o Subhash Prasad Yadav, Resident of Village- Gamharia, P.S. Sour Bazar, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suman Kumar Jha, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 273 of the Indian Penal Code and Section 47(a) of Bihar Excise Amendment Act, 2016.

It is alleged that 106 liters of foreign liquor has been recovered from Scorpio car in which the petitioner is said to be sitting.

It has been submitted on behalf of the petitioner that merely the petitioner had taken lift from the driver of car. He has no concern with recovery of the alleged liquor. It has further been submitted that the petitioner is in custody since 23.9.2016 and he has clean antecedent. Charge sheet has also been submitted in this case and there is no chance of tampering with the evidence.

Patna High Court Cr.Misc. No.4500 of 2017 (2) dt.13-02-2017 2/2 Keeping in view the period spent by the petitioner in custody and having clean antecedent, 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 Chief Judicial Magistrate-II, Purnea, in connection with Baisi P.S. Case No. 161 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner is directed to file an affidavit in the court below that he will not indulge in such type of activity in future, otherwise, his bail bond would be liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T