Sonu Kumar @ Sonu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.22202 of 2020 Arising Out of PS. Case No.-272 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== SONU KUMAR @ SONU CHAUDHARY Son of Buni Lal Pasi @ Munni Lal Choudhary Resident of Village-Mishrauliya, Police Station-G.B. Nagar, District-Siwan.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-08-2020 Learned counsel for the petitioner undertakes to remove the defects, as pointed out by office, within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with G.B. Nagar P.S. Case No. 272 of 2019 registered for the offence under Sections 30(a), 33, 34, 36, 38, 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that while conducting raid in the house of Munilal Paswan the police party arrested two persons who were present there and allegedly seized illicit liquors from the house. So far as this petitioner is
Patna High Court CR. MISC. No.22202 of 2020(2) dt.24-08-2020 2/3 concerned, he is the son of said Munilal Paswan but he had no knowledge about the said illicit liquors and he was also not present in the house.
It is submitted that the petitioner has got one antecedent of similar nature but he has now instruction to say that now the petitioner is on bail in the said case. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner, but having regard to the facts and circumstances of the case, wherein the petitioner was not found in the said house from where the illicit liquors were recovered and that his name has only transpired in the statement of the apprehended accused, he is also in custody since 01.06.2020 and investigation against him is said to be concluded, let the abovenamed petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge, Excise, Siwan, in connection with G.B. Nagar P.S. Case No. 272 of 2019, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
Patna High Court CR. MISC. No.22202 of 2020(2) dt.24-08-2020 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.