Sonu Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15974 of 2019 Arising Out of PS. Case No.-434 Year-2017 Thana- BASANTPUR District- Siwan ====================================================== SONU SONI, sex, Male, aged about 20 years, Son of Mangal Soni @ Mangal Sah, Resident of Village - Madarpur, P.S.- Basantpur, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Let the defect (s) as pointed out by the Stamp Reporter be ignored for the present.

Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 30(A), 34(B) and 36 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 30 litres country-made liquor from possession of co-accused persons who were caught by the police when they were coming on the motorcycle. However, two of them were apprehended and it is alleged that petitioner manged to flee away after seeing the police party. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing was recovered from the conscious possession of

Patna High Court CR. MISC. No.15974 of 2019(3) dt.03-04-2019 2/2 the petitioner. Petitioner has no criminal antecedent and he is in custody since 22.12.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Basantpur P.S. Case No.434 of 2017, with following conditions:- (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 properly 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 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) Sanjay/- U T