Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60517 of 2022 Arising Out of PS. Case No.-677 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== Sonu Kumar Son Of Ramjee Kharwar R/O Mohalla- Gandhi Nagar, Ward No. 5, Kochas, P.S.- Kochas, Distt.- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Sasaram (T) P.S. Case No. 677 of 2020 registered for the alleged offences Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case, on the basis of secret information a truck was intercepted and from this truck recovery of 4406 litres of India made foreign liquor was made and three co-accused persons were apprehended when they tried to flee away from the truck. One of the co-accused persons disclosed the name of the petitioner as being their associate in the trade of

Patna High Court CR. MISC. No.60517 of 2022(2) dt.02-12-2022 2/3 illicit liquor.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The name of the petitioner transpired merely on the basis of confessional statement of the co-accused person. The petitioner is in custody since 03.08.2022 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 677 of 2020, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.60517 of 2022(2) dt.02-12-2022 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T