Sanny Kumar @ Shani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42520 of 2022 Arising Out of PS. Case No.-135 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== Sanny Kumar @ Shani Kumar S/O Shailesh Singh, Resident of VillageKochgaun, P.S.- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Excise Case No. 558 of 2019 arising out of Warisaliganj P.S. Case No. 135 of 2019 alleged under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution, total 847.4 litres of foreign liquor were alleged to be recovered from the farm house of one Sanjay Kumar as mentioned in the F.I.R.

Learned counsel for the petitioner submits that petitioner has visited in the Mashroom farm house to purchase Mashroom, in the meantime police came and he fled away from

Patna High Court CR. MISC. No.42520 of 2022(2) dt.29-08-2022 2/3 the spot. His name has figured in this case by the virtue of secret information. He further submits that petitioner is in custody since 26.05.2022 and charge sheet has already been filed in this case. He further submits that one case is pending against the petitioner in which petitioner is on bail. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Special Judge, Excise CourtII, Nawada in connection with Warisaliganj P.S. Case No. 135 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.42520 of 2022(2) dt.29-08-2022 3/3 B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T