Patna High CourtCR. MISC./45664/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45664 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sonu Kumar, Son Of Shivnath Prasad Singh @ Shivnath Mahto Resident Of Village - Chakhabib, P.S. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273, 420, 467, 468, 471, 120(B) of the I.P.C. and Sections 30(a), 30(b), 32, 41, 62 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 267.840 from a Bolero vehicle and 1439.250 litres of liquor from the house of Bipin Kumar. Further, three motorcycles were seized.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.45664 of 2023(2) dt.20-07-2023 2/2 implicated based on confessional statement of Aadarsh Raj and Jitendra Kumar in police custody, which does not have any evidentiary value. It is next submitted that petitioner is neither the owner of the house, nor the owner of any of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-1, Samastipur in connection with Bibhutipur P. S. Case No.106 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T