Sonu Kumar @ Dharamnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35605 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Sonu Kumar @ Dharamnath Kumar Son of Satyendra Yadav @ Tolan Yadav resident of village - Nagarnausa, Police Station - Nagarnausa, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner seeks regular bail in connection with Nagarnausa P.S. Case No. 53 of 2017, registered for offences punishable under Section 30(a) and 38/41 of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 12 bottles of Royal Stag each containing 150 M.L., 07 bottles of 750 M.L., 18 bottles of 750 M.L., 03 bottles of Royal Stag each containing 375 M.L. and 03 bottles of imperial blue each containing 750 M.L. of foreign liquor.

It has been submitted on behalf of the petitioner that he has not been apprehended on the spot rather his name was disclosed by the co-accused, who was arrested on the spot. Further

petitioner has no criminal antecedent and has been in judicial custody since 08.06.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge-cum- Special Judge, Nalanda, in connection with Nagarnausa P.S. Case No. 53 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T