Sonu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49596 of 2017 Arising Out of PS. Case No.-126 Year-2017 Thana- Duraundha District- Siwan ====================================================== 1.

Sonu Sah, Son of Ashok Kumar Sah @ Ashok Sah. 2.

Guddu Yadav, Son of Lalan Choudhary.

Both resident of Village- Duraunda, P.S.- Duraunda, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-10-2017 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Duraunda P.S. Case No. 126 of 2017 registered for offence under Sections 272, 273, 308 of the Indian Penal Code and Sections 30/38 of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that petitioners have been made accused on the basis of confessional statement of one of the accused, who was apprehended with motorcycle loaded with foreign liquor and he disclosed as if petitioners were also indulged in the said offence and after noticing the police, they fled away on motorcycle. He

Patna High Court Cr.Misc. No.49596 of 2017(2) dt.17-10-2017 2/2 submits that save and except confessional statement of the coaccused, there is no other material against the petitioners and petitioners are having clean antecedent, which fact has been stated in paragraph - 3 of the petition.

Considering the fact that petitioners' name has come in the confessional statement of the co-accused as well as clean antecedent of the petitioners, in the event of arrest or surrender within a period of six weeks from today, let both petitioners namely Sonu Sah and Guddu Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 2nd-cum-Special Judge, Excise, Siwan in connection with Duraunda P.S. Case No. 126 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T