Guddu Sonkar @ Guddu Prasad Sonkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21932 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Guddu Sonkar @ Guddu Prasad Sonkar Son of Lalan Ram @ Lalan Sonkar Resident of Mohalla- Athkhambhawa, Police Station- Sasaram(M), District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Anil Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Sasaram (M) P.S.Case No.214 of 2017 registered for offences punishable under Sections 30(a), 38(1)(2), 41 (1)(2) of Bihar Prohibition and Excise Act, 2016 and Sections 33, 41 and 42 of Indian Forest Act, 1927.
Allegation as per F.I.R.R. is that the police got informant that huge quantity of liquor is loaded on a Truck and it is to be taken for delivery though Motorcycles, on which, the police raided at that place and arrested the petitioner and other accused persons along with the Motorcycle.
It is submitted on behalf of the petitioner that though in the seizure list, it is not mentioned that as to what quantity of liquor was carrying by the petitioner. The petitioner is in custody for
Patna High Court Cr.Misc. No.21932 of 2017 (2) dt.10-05-2017 2/2 about two months and he has clean antecedent. It is further submitted that as a matter of fact while the petitioner was crossing through the Motorcycle, he was arrested.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas at Sasaram in connection with Sasaram (M) P.S.Case No.214 of 2017.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U