Sunil Kumar Bin @ Sunil Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19315 of 2018 Arising Out of PS. Case No.-238 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Sunil Kumar Bin @ Sunil Bin S/o Akshay Lal Bin @ Achchelal Bin resident of village - Gabhirar Bin Tola, P.S. - Raghunathpur, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Advocate For the Opposite Party/s :

Mrs. Pronati Singh, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.12.2017 in connection with Raghunathpur P.S. Case No. 238 of 2017 registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30 and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that petitioner is selling illicit liquor, police apprehended the petitioner and found 3.24 litres of foreign liquor concealed in a bag from the possession of the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in

Patna High Court Cr.Misc. No.19315 of 2018(2) dt.24-04-2018 2/3 the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Siwan in connection with Raghunathpur P.S. Case No. 238 of 2017, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) It is also made clear that if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at liberty to move the learned Court below for

Patna High Court Cr.Misc. No.19315 of 2018(2) dt.24-04-2018 3/3 cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/Ragini U T