Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28920 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== Sonu Singh S/o Chandarma Singh Resident of Village- Santhi, P.S.- Raghunathpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 18.495 foreign liquor and 15 liter of countrymade Mahua liquor kept in plastic bag loaded on the motorcycle near pipal tree.

Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the seized articles. It is submitted that mandatory provision of Sub-section 2 of Section 74 and Section 82 of the Bihar Prohibition and

Patna High Court CR. MISC. No.28920 of 2022(2) dt.06-08-2022 2/3 Excise Act with respect to search and seizure have not been followed. Further, it is submitted that in seizure list, entire recovery was shown from near a pipal tree not from the motorcycle. It is submitted that no incriminating articles has been recovered either from the person or possession of the petitioner. It is further submitted that the petitioner is in custody since 04.03.2022 and has antecedent of two cases. Learned APP for the State opposes the prayer for bail. Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of cases, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge, in connection with Raghunathpur P.S. Case No. 25 of 2022, in addition to subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

Patna High Court CR. MISC. No.28920 of 2022(2) dt.06-08-2022 3/3

(3) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

(4) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Gaurav Kumar/- U T