Sanjit Kumar Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20923 of 2019 Arising Out of PS. Case No.-663 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Sanjit Kumar Sonar (Male), aged about 31 years, son of Dhirendra Lal Sonar, Resident of Tegharia Kumhar Basti, P.S.- Kishanganj, District - Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s:

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Special Case No. 309 of 2018, Kishanganj P.S. Case No. 663 of 2018, registered for the offence under Sections 30(a) of the Bihar Excise and Prohibition Act, 2016.

About 64.5 liters of illegal liquor has been recovered from a vehicle bearing registration No. WB76-8551. The petitioner is alleged to be the owner of the said vehicle. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle, in question, and has

Patna High Court CR. MISC. No.20923 of 2019(2) dt.04-04-2019 2/3 handed over the said vehicle to one Rahul Ray, who was running the vehicle and the petitioner has no control over the movement of his driver, namely, Rahul Ray. He further submits that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the abovenamed petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum- Special Judge (Excise), Kishanganj, in connection with Special Case No. 309 of 2018, Kishanganj P.S. Case No. 663 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The Court below will ascertain about the authenticity of Annexure-2 (Authorization Letter) and if it is found to be correct, then the bail bond of the petitioner would be accepted, otherwise, his bail bound would not be accepted.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bonds would be accepted. If he is found to be

Patna High Court CR. MISC. No.20923 of 2019(2) dt.04-04-2019 3/3 involved in any other case before filing of this application i.e. 03.04.2019 then his bail bonds would not be accepted. (Shivaji Pandey, J) pawan/- U T