Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44547 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -NIRMALI District- SUPAUL ======================================================

1. Sonu Kumar, S/o Sri Shambhu Prasad Yadav, Resident of Mohanpur, Ward No. 1, P.S. + District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.T. Excise No.575 of 2017 arising out of Nirmali P.S.Case No.50 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 180 ltrs. of liquor recovered from a Tempo and the petitioner was apprehended there.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. There is no recovery from the possession of the petitioner rather from the tempo. The petitioner is not an accused in a similar type of case. He has remained in custody for about two months.

Patna High Court Cr.Misc. No.44547 of 2017 (2) dt.15-09-2017 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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Supaul in connection with S.T. Excise No.575 of 2017 arising out of Nirmali P.S.Case No.50 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person 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 reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T