Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19550 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================
1. Sonu Kumar Son of Late Ravindra Prasad Yadav, Resident of VillageBelhar Sangrampur, Police Station- Sangrampur, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Spl. Case No.5 of 2017/P.S.132 of 2017 registered for offences punishable under Sections 37(Kh) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is that he was caught inebriated condition and on examination by the Breath Analyzer, report was found positive of 31.4 mg./100, however, it is submitted on behalf of the petitioner that he has been falsely implicated in this case and he is in custody for more than one month. He has clean antecedent. It is further submitted that the petitioner is a student and he is ready to abide by any condition imposed upon him.
Patna High Court Cr.Misc. No.19550 of 2017 (2) dt.04-05-2017 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 4th Addl. Sessions Judge, Bhagalpur in connection with Spl. Case No.5 of 2017/P.S.Case No.132 of 2017. With following conditions :
(i) One of the bailors of the petitioner shall be a family members having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U