Sonu Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17428 of 2020 Arising Out of PS. Case No.-338 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Sonu Kewat, aged about 31 years, Male, S/o Late Bhura Sahni, Residence of Mohalla- Malahi Pakri, Near Devi Asthan, P.S.- Kankarbagh, Town and District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhendra Kumar, Advocate For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 13-05-2020 The matter has been listed and heard vide video conferencing in view of the lock-down imposed on account of the COVID-19 pandemic.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Kankarbagh P.S.P.R. Case No.338 of 2020 dated 07.02.2020 instituted under Sections 30(a), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016.

4. The allegation against the petitioner is that from the room of the petitioner 59.655 litres of foreign liquor was recovered.

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5. Learned counsel for the petitioner submitted that the allegation is false and it was not recovered from his conscious possession. It was further submitted that the petitioner has no criminal antecedent and is in custody since 07.02.2020.

6. Mr. Md. Arif, learned APP submitted that liquor was recovered from the room of the petitioner.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Patna, in Kankarbagh P.S.P.R. Case No.338 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall

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8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/-