Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14383 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- AMAS District- Gaya ====================================================== SONU KUMAR, aged about 19 years, Male, Son of Upendra Singh, Resident of Village- Dhobdiha, P.S.- Madanpur, District- Aurangabad ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Adv.

For the Opposite Party :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 13.01.2019 in connection with Amas P.S. Case No. 11 of 2019 for the offences alleged under Section 420 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that in vehicle checking duty, on secret information that Bolero jeep is being plied containing illicit liquor, the said Bolero jeep was intercepted and the petitioner being the driver was apprehended. On search from the Bolero vehicle 480 liters of illicit liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, was not the driver of the said vehicle, he had taken lift and has been falsely implicated by the police due to their high handedness. He submits that he is a matriculate having passed his Board examination with first division and is a student having bright

Patna High Court CR. MISC. No.14383 of 2019(2) dt.12-03-2019 2/2 career, which will be tarnished because of such false implications and allegations. Petitioner, further, undertakes to cooperate in the investigation, not to induce witnesses or tamper with the prosecution witnesses.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the fact that the petitioner is a student of 19 years of age, bearing no criminal antecedent, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amas P.S. Case No. 11 of 2019 to the satisfaction of the learned Special Judge, Excise, Gaya, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T