Sonu Singh @ Gyan Dev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12468 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- DURAULI District- Siwan ====================================================== SONU SINGH @ GYAN DEV SINGH Son of Raghav Singh Resident of Village - Balahu, P.S.- Darauli, Distt.- Siwan ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Darauli P.S. Case No. 87 of 2018 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(A), 38(a) and 41 (i) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 1442.88 litres of foreign liquor from the pick up van.

It has been submitted on behalf of the petitioner that name of petitioner has surfaced in this case on the basis of confessional statement of co-accused Suraj Yadav. Nothing has been recovered from the conscious possession of petitioner. It has been further submitted that similarly placed co-accused,

Patna High Court CR. MISC. No.12468 of 2019(2) dt.06-03-2019 2/3 namely, Suraj Yadav, Sriniwash Jaiswal and Rinku Pandey have been granted bail by a co-ordinate Bench of this Court vide order dated 13.08.2018 passed in Cr. Misc. No. 41674 of 2018, order dated 04.09.2018 passed in Cr. Misc. No. 52853 of 2018 and order dated 57017 of 2018 passed in Cr. Misc. No. 57017 of 2018 respectively. Petitioner is in custody since 19.11.2018. 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 Sessions Judge 2nd -cum-Special Judge, Excise, Siwan, in connection with Darauli P.S. Case No. 87 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 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

Patna High Court CR. MISC. No.12468 of 2019(2) dt.06-03-2019 3/3 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