Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64663 of 2021 Arising Out of PS. Case No.-567 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Sonu Singh Son of Late Umesh Singh Resident of Village - Rampur Khajuria, Police Station - Dumariya Ghat, District - East Champaran, At present residing at Village - Sarmastpur, near Chapra High School, Police station - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kanti P.S. Case No. 567 of 2021 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016-18. The accused/petitioner is named in the F.I.R. and is in custody since 09.09.2021.

The allegation against the petitioner is to involve in illegal business of illicit liquor where there is recovery of 808.560 liters of foreign liquor from the house of the coaccused.

Patna High Court CR. MISC. No.64663 of 2021(3) dt.24-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the recovery has not been made from the house of the petitioner, who is a man of clean antecedent. It has further been submitted that similarly situated co-accused has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 62822 of 2021 dated 24.01.2022.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the recovery has not been made from the house of the petitioner. Considering the facts and circumstances as mentioned above, as the recovery has not been made from the house of the petitioner coupled with the fact that nothing surfaced during the course of investigation, which may connect the petitioner with the alleged recovery, let the petitioner, above named, is directed to be released on bail in connection with Kanti P.S. Case No. 567 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.64663 of 2021(3) dt.24-06-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Munna Devi, who is the mother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T