Patna High CourtCR. MISC./33032/2019bail granted

Sonu Kumar v. The State Of Bihar

2019-05-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33032 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- JIRADEI District- Siwan ====================================================== Sonu Kumar, Son of Vijay Prasad @ Vijay Kumar, Resident of Village - Badheya, P.S.- Zeradei, District-Siwan.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar, Advocate For the Opposite Party :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Ziradei P.S. Case No.12 of 2019 registered under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Excise Act, 2016. It is submitted by the learned counsel for the petitioner that the recovery of 17 litres of illicit liquor was not made from the conscious possession of the petitioner. Admitted case of the prosecution is that the recovery was made from behind the house of the petitioner from an open space. Learned counsel for the State has opposed the application for grant of bail to the petitioner. Considering the nature of the offence as also the

Patna High Court CR. MISC. No.33032 of 2019(2) dt.20-05-2019 2/2 fact that the petitioner is in custody since 06.04.2019, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-2nd-cum-Special Judge, Siwan in connection with Ziradei P.S. Case No.12 of 2019, Trial No.4212 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner 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.

(Ashwani Kumar Singh, J.) Sanjeet/- U T