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Patna High CourtCR. MISC./52138/2021bail granted

Sonu Singh v. The State Of Bihar

2022-02-16Mr. Justice A. M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52138 of 2021 Arising Out of PS. Case No.-123 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== SONU SINGH SON OF RAJ KISHOR SINGH R/O VILLAGE- BARAHI, CHINTAMAN, P.S.- SUPPI, DIST.- SITAMARHI.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate.

For the State :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 16-02-2022 The applicant is given out of turn hearing because of ailment of his widowed mother resulting hospitalization. The applicant is an accused in Crime No.123 of 2021 registered with Police Station-Suppi for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Heard both sides.

The learned A.P.P. opposed the application by contending that Indian Made Foreign Liquor in huge quantity came to be recovered from the place where it was stored by the applicant. It is case of the prosecution that on the basis of secret information to the effect that the applicant and co-accused Vicky Singh had kept Indian Made Foreign Liquor at the house of one Ram Kripal Singh, house of Ram Kripal Singh came to be

Patna High Court CR. MISC. No.52138 of 2021(4) dt.16-02-2022 2/3 raided and illicit liquor of about 106.980 liters quantity came to be seized. According to the prosecution case, the applicant and co-accused Vicky Singh flee from the spot.

The investigation of the subject crime is over. The applicant is undergoing pretrial detention from 08.07.2021. As reported by his learned counsel, he is not having any criminal antecedents and therefore I see no reason to refuse bail to the applicant. Therefore, the following orders:

(i). The application is allowed.

(ii). The applicant/accused in Crime No.123 of 2021 registered with Police Station-Suppi for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, be released on bail on executing P.R. bond of Rs.10000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in

Patna High Court CR. MISC. No.52138 of 2021(4) dt.16-02-2022 3/3 expeditious disposal of the trial against him. (III). The applicant should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T