Sonu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78564 of 2018 Arising Out of PS. Case No.-221 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sonu Kumar Rai, s/o Brahmdeo Rai, resident of Village - Subhai, P.S. Sadar, District, Vaishali at present residing Village - Dighi Purvi, P.S. - Sadar Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Ms. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Hajipur Sadar P.S. Case No.221 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Informant has alleged that while he was on patrolling duty, he received a written complaint that the petitioner has kept illicit foreign liquor in his house and upon receiving such information, his house was raided and seeing the police party, one accused successfully fled away and on search foreign liquor measuring 217 litres kept in cartoon was recovered from the ground floor of the house.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Nothing has been recovered from his possession. Petitioner has

Patna High Court Cr.Misc. No.78564 of 2018(2) dt.23-01-2019 2/2 no criminal antecedent and he is in custody since 22.11.2018. 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 Additional Sessions Judge-II-cum-Special Judge (Excise Act), Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.221 of 2018, 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