Sona Kumar @ Sona Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54491 of 2025 Arising Out of PS. Case No.-287 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Sona Kumar @ Sona Kumar Singh S/O Munari Singh @ Mundrika Singh Resident of village- Salempur, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2025 Heard Mr.Raju Kumar Singh, learned counsel for the petitioner and Mr.Arun Kumar Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 30.06.2025 in connection with Chandi P.S. Case No. 287 of 2022, F.I.R. dated 14.11.2022 registered for the offence punishable under Sections 30(a)/36 of Bihar Prohibition and Excise Act.

3. Recovery is of 100 liters of country made liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He is in custody since 30.06.2025. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from

Patna High Court CR. MISC. No.54491 of 2025(2) dt.08-08-2025 2/3 Bamboo Orchard and name of the petitioner has been transpired during investigation on the basis of disclosure made by the local Chaukidar and except the aforesaid, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, petitioner has clean antecedent, nothing has been recovered from conscious possession of the petitioner and name of the petitioner has been transpired during investigation on the basis of disclosure made by the local Chaukidar, 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 learned Exclusive Special Judge, Excise Court No.1, Bhojpur at Ara in connection with Chandi P.S. Case No. 287 of 2022, with the following conditions:- (I) 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.

Patna High Court CR. MISC. No.54491 of 2025(2) dt.08-08-2025 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T