Patna High CourtCR. MISC./44383/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-06-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44383 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== Sonu Kumar Son of Naresh Singh @ Naresh Kunwar R/O Vill.- Jakarpura, P.S.- Surajgarha, Dist.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Surajgarha P.S. case No. 103 of 2024 instituted for the offences under Sections 30(a), 32(i)(ii) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 9 liters liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.44383 of 2024(2) dt.26-06-2024 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired on the basis of disclosure made by local villagers. The recovery is made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 25.04.2024 and has got three criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Surajgarha P.S. case No. 103 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.44383 of 2024(2) dt.26-06-2024 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T