Patna High CourtCR. MISC./20760/2021bail granted

Sonu Kumar Goswami v. The State Of Bihar

2021-03-19Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20760 of 2021 Arising Out of PS. Case No.-352 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== SONU KUMAR GOSWAMI S/o- Avinash Goswami R/o Village- Musepur, P.S.- Awatarnagar, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No.3, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-03-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Awatarnagar P.S. Case No. 352 of 2020 registered for the offences punishable under Section 30(a), 37(c) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution story when the informant was on patrolling duty two persons seeing the police party started to flee away but were caught and on search the police recovered 100 litres of illicit liquor.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20760 of 2021(2) dt.19-03-2021 2/3 petitioner is innocent and has been falsely implicated in this case. It is further submitted that the seized motorcycle does not belong to this petitioner. Learned counsel submits that the petitioner has got no criminal antecedent and he is in custody since 30.12.2020.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein this petitioner has remained in custody in connection with this case since 30.12.2020, investigation against him is complete, he has otherwise no criminal antecedent and further incarceration of this petitioner in jail is not likely to come in aid of the investigation or the prosecution, there is no submission on behalf of the State that his release at this stage is likely to result in tampering with evidence or interfering with the course of trial, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, or concern court Saran at Chhapra in connection with Awatarnagar P.S. Case No. 352 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

Patna High Court CR. MISC. No.20760 of 2021(2) dt.19-03-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.