Sonu Kumar @ Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50822 of 2016 Arising Out of PS.Case No. -340 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Sonu Kumar @ Sonu Kumar Singh, S/o Late Anil Singh, resident of village- Mayabigha, Police Station- Dadanpur, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in judicial custody since 03.09.2016 in connection with Barachati P.S. Case No. 340 of 2016 for the offences alleged under Sections 272, 273, 120B of the Indian Penal Code and 47(A), 48(2), 54 and 63 of the Bihar Excise Amendment Act.

The prosecution case is that the police inspected a vehicle coming from Jharkhand and found huge consignment of foreign liquor, which was seized, accordingly seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that petitioner is the bus conductor and nothing incriminating has been found from his possession and cash of Rs.7500/- has been recovered, which was collected by the petitioner from the passengers. It has further been submitted

Patna High Court Cr.Misc. No.50822 of 2016 (2) dt.24-11-2016 that investigation is going on and that the petitioner has clean antecedent and he is no where concerned with the commission of the aforesaid offence and has been made accused only on the basis of suspicion.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence opposes the prayer for bail.

Be that as it may, since nothing incriminating has been found from the possession of the petitioner and petitioner has been implicated only on the basis of suspicion, let the above named petitioner be released 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 Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Barachati P. S. Case No. 340 of 2016.

(Nilu Agrawal, J) P.K./- U T