Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51057 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MALAYPUR District- JAMUI ====================================================== Sonu Kumar, Son of Late Ramashish Singh @ Late Ramashish, resident of village- Malpur, P.S.- Maranchi, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 18.09.2016 in connection with Malaypur P.S. Case No. 38/16 for offences punishable under Section 273 of the Indian Penal Code and under Sections 47(a), 47(b) of the Bihar Excise Act. The prosecution case as lodged by the police patrolling party is that during course of checking of vehicles they stopped the maruti car of the petitioner and seized 29 bottles of foreign liquor each containing 750 ml. from the dickey of the car. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He submits that Section 273 of the I.P.C. is not
Patna High Court Cr.Misc. No.51057 of 2016 (2) dt.28-11-2016 2/2 attracted and that except one case under different Sections of the SC/ST Act, in which he is on bail, he has no criminal history. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Malaypur P.S. Case No. 38/16.
(Nilu Agrawal, J.) Rajesh/- U T