Kunal Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6960 of 2021 Arising Out of PS. Case No.-600 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== KUNAL KUMAR @ SONU Son of Gopal Prasad Resident of VillageBoring Road, Krishnapuri, P.S.- S.K. Puri, Patna, Distt- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Anil Kumar,Adv For the Opposite Party/s :

Mr.Mritunjay Kr Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2021 The defect (s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 420, 467, 120B/34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 05.11.2020 at about 3:20 am he received secret information that huge consignment of illicit liquor is about to come near the shop of Nanku Mian at FCI road, and on receiving said information when he reached the place of occurrence, he saw 8-10 persons

Patna High Court CR. MISC. No.6960 of 2021(2) dt.17-04-2021 2/3 standing near the shop of Nanku Mian who on seeing the police party started fleeing away and after chase four persons were apprehended who disclosed their name as Atif Sulemn @ Vicky, Kunar Kumar @ Sonu (petitioner), Rishav Raj and Satish Kumar.

It has been submitted on behalf of petitioner that petitioner was going to purchase medicine for abdominal pain as his father was suffering from abdominal pain and in the meantime police caught him near place of occurrence and on suspicion, has falsely implicated him in this case. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 06.11.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Special Case No. 6497of 2020 arising out of Phulwarisharif P.S. Case No. 600 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.6960 of 2021(2) dt.17-04-2021 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U