Sonu Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2022 of 2019 Arising Out of PS. Case No.-479 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== 1) Sonu Singh, son of Sri Bhagwan, resident of Mohalla, Karol, P.S. Sapla, District, Rohtak (Haryana) 2) Sandeep Saini, son of Sri Kitab Singh Saini, resident of Mohalla, Sainiwal, Mata Darwaza, P.S. Sadar, District, Rohtak (Haryana) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s A. K. Thakur, Swati Sinha, Advocates For the Respondent/s :

Mr.Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.

Petitioners seek bail in Saraiya P.S. Case No.479 of 2018 registered for the offence punishable under Sections 272, 273, 414/34 of the I.P.C. and Sections 30(a), 36, 38 and 47 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 525 litres foreign liquor from the dicey of the car and it is alleged that petitioners and other persons were travelling in the car.

It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. Petitioners have no criminal antecedent and they are in custody since 13.10.2018. Similarly placed co-accused Anil Kumar and

Patna High Court Cr.Misc. No.2022 of 2019(2) dt.15-01-2019 2/2 other have already been granted bail by a co-ordinate Bench of this Court vide order dated 20.12.2018 passed in Cr. Misc. No.71885 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Saraiya P.S. Case No.479 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U