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Patna High CourtCR. MISC./33805/2020bail granted

Sonu Kumar v. The State Of Bihar

2021-01-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33805 of 2020 Arising Out of PS. Case No.-76 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== SONU KUMAR Son of Baijanath Prasad Sah @ Baijnath Sah Resident of Mohalla - Bhartiya Nagar, Ward No. 26, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner, who is in custody since 17.09.2019 has renewed his prayer for bail in connection with Special (Excise) Case No. 131 of 2019, arising out of Saur Bazar P.S. Case No. 76 of 2019 for the offences alleged under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016, having earlier been rejected by this Court by order dated 12.05.2020 in Criminal Miscellaneous No. 76584 of 2019 with liberty to renew his prayer for bail after completing one year in custody.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 1800 litres of Jharkhand made liquor from a pick-up van bearing Registration No. BR-19GA-7422. The petitioner was not arrested from the spot rather his name has surfaced merely because he happens to be

Patna High Court CR. MISC. No.33805 of 2020(2) dt.25-01-2021 2/2 the owner of the pick-up van in question.

4. Be that as it may and having regard to the period of custody already suffered since 17.09.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case No. 131 of 2019, arising out of Saur Bazar P.S. Case No. 76 of 2019, if he is not otherwise required in any other case.

5. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T