Sachin Kumar @ Sintu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62404 of 2021 Arising Out of PS. Case No.-344 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SACHIN KUMAR @ SINTU S/o Raj Narayan Rai @ Bhup Narayan Rai R/o Village- Mahuli, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Ms. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Bochahan P.S. Case No. 344 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 36 of Bihar Prohibition and Excise Act.
Acting on a secret report, police had gone to the village where 109 litres of English wine has been recovered from a bamboo clump beside the house of one Muneshwar Shahi. The petitioner has been named in the case based on secret
Patna High Court CR. MISC. No.62404 of 2021(2) dt.31-05-2022 2/3 information received by the police earlier.
Petitioner's counsel submits that upon recovery of the illicit liquor, he has been remanded in this case, while he was in custody in Gaighat P.S. Case No. 226/2021 owing to his criminal antecedents as per disclosure made in paragraph 3. He is on bail in all the three cases. In the instant case, he is in custody since 23.08.2021. Investigation is complete. Learned APP has opposed the prayer for bail.
Considering the rival submissions, period of custody and also quantum of recovery, this Court is inclined to allow the prayer.
Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in Bochahan P.S. Case No. 344 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on
Patna High Court CR. MISC. No.62404 of 2021(2) dt.31-05-2022 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T