Md. Sonu @ Salim @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47851 of 2022 Arising Out of PS. Case No.-873 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Md. Sonu @ Salim @ Sonu S/O Md. Alam @ Alamm Ansari Resident of village- Fulwariya Hat, Ward No- 07, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Special Case No. 848 of 2022 arising out of Forbesganj P.S. Case No. 873 of 2021 registered for the alleged offences under Sections 272, 273, 328 and 34 of the Indian Penal Code and Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, police received secret informant about huge quantity of liquor being carried in a container truck. During search, recovery of total 2084.240 litres of India made foreign liquor was made from a container truck.
Patna High Court CR. MISC. No.47851 of 2022(2) dt.15-10-2022 2/3 No one was apprehended from the spot but the police named the petitioner and the co-accused who brought the illicit liquor. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the seized articles and he has no knowledge about it. Neither the container truck nor the recovered liquor belong to this petitioner. The name of the petitioner was dragged in this case due to highhandedness of the police. The petitioner was not arrested from the spot and nothing incriminating has been recovered from his conscious possession. The petitioner is in custody since 26.05.2022 and charge-sheet has been submitted.
Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent. Having regard to the submissions made on behalf of the parties and considering the fact that nothing has been recovered from this petitioner and further considering the period of custody of the petitioner along with the submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Araria in connection
Patna High Court CR. MISC. No.47851 of 2022(2) dt.15-10-2022 3/3 with Special Case No. 848 of 2022 arising out of Forbesganj P.S. Case No. 873 of 2021, subject to the other conditions under Section 437(3) of the Cr.P.C. and following conditions: (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Rajnish/- U T