Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5002 of 2021 Arising Out of PS. Case No.-691 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Sonu Kumar aged about 19 years S/O Anil Kumar Paswan R/O Village- New Gangauli E.S.I. Gate, P.S.- Dehri (Dalmianagar), District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, on secret information raid was conducted and this petitioner was apprehended who was driver of the pick up van and on his disclosure 6027 liters of foreign liquor has been recovered from Navodaya Vidyalaya

Patna High Court CR. MISC. No.5002 of 2021(2) dt.26-03-2021 2/3 building.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and from the said pick up van and he is no way concerned with the alleged recovery made from the school building. Petitioner has claimed clean antecedent. Petitioner is in custody since 23.9.2020. Considering the fact that no incriminating material has been recovered from the conscious possession of the petitioner and he has got clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Rohtas at Sasaram in Dehri (Dalmianagar) Police Station Case No. 691 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5002 of 2021(2) dt.26-03-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T