Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45879 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- BAHADURPUR District- Patna ====================================================== SONU KUMAR S/o Maldev Prasad Resident of Badi Khagoul Devi Sthan, P.S.- Khagoul, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 17.05.2021, seeks regular bail in connection with Bahadurpur P.S. Case No. 112 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that altogether 153 litres of illicit liquor was recovered from a bag kept in the tempo of the petitioner in which one passenger was also sitting. Accordingly, seizure-list was prepared.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.45879 of 2021(3) dt.21-01-2022 2/3 submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner has no concern with the said bag in which huge quantity of liquor was found and the same belongs to the passenger. Learned A.P.P. for the State has opposed the prayer for bail and submits that trade of illicit liquor is rampant in the State of Bihar and the petitioner is member of such organized trade and as such he does not deserve to be released on bail. Considering the aforementioned facts and circumstances of the case and the petitioner has clean antecedent, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.1,00,000/- (Rs. One Lakh) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Bahadurpur P.S. Case No. 112 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

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

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.45879 of 2021(3) dt.21-01-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T