Sonu Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53129 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- BARSOI District- Katihar ====================================================== 1.

Sonu Rishi, Son of Julmi Rishi, Resident of Village- Khikhir/Khikhar Maniya, P.S- Mufassil (Rani Patra) District- Purnea 2.

Guddu Rishi, Son of Late Nurai Rishi, Resident of Village- Khikhir/ Khikhar Maniya, P.S- Mufassil (Rani Patra) Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 15-04-2022 The applicants/accused in Crime No. 44 of 2021 registered with Barsoi Police Station for the offences punishable under Sections 272 and 273 of the Indian Penal Code as well as Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, by this application are seeking their release on bail during pendency of the trial.

Heard both sides.

According to the prosecution case, police received information that on account of Holi Festival liquors in large quantity are being imported in the State by the Tractor. That is how the Tractor was intercepted. Both the applicants along with one co-accused was found in the said Tractor and that

Patna High Court CR. MISC. No.53129 of 2021(2) dt.15-04-2022 2/3 Tractor was found to be loaded with 578.280 litres of Indian made foreign liquor. The applicants were arrested on the spot. The investigation of the subject crime is already over and the charge sheet has been filed. It is reported that the applicants are not having any criminal antecedent, hence their further pretrial detention is not warranted. Hence, the order :- i. The application is allowed.

ii. The applicants/accused in Crime No. 44 of 2021 registered with Barsoi Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) each on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicants/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against them so as to dissuade them from disclosing such facts to the Court or to any police officer. (II) The applicants/accused should cooperate the trail court in expeditious disposal of the trial against them. (III) The applicants/accused 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 applicants should not repeat

Patna High Court CR. MISC. No.53129 of 2021(2) dt.15-04-2022 3/3 commission of similar offence in future and if they are found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicants in the instant case.

The applicants 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 appellant/accused.

Bhardwaj/- (A. M. Badar, J) U T