Sonu Kumar @ Sonu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61620 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== RAJU SINGH @ RAJU KUMAR SINGH SON OF SANJAY KUMAR SINGH @ SANJAY SINGH R/O VILLAGE- PARORA, WARD NO. 10, P.S.- SAHEBPUR KAMAL, DISTT.- BHAGLAPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61568 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== SONU KUMAR @ SONU KUMAR SINGH S/O DEVTA PRASAD SINGH @ BINDA SINGH @ VIRDA SINGH Resident of village- Bakchapper, (Bagh Chappar), P.S.- Shahkund, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 61620 of 2022) For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Pradeep Narain Kumar (In CRIMINAL MISCELLANEOUS No. 61568 of 2022) For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Learned counsel for the petitioners has filed a supplementary affidavit in Cr. Misc. No.61620 of 2022 seeking correction in the address of the petitioner mentioned in the cause title page and in the affidavit page. It is stated in paragraph-2 of the supplementary affidavit that due to typing mistake, the name
2/4 of the district in the cause title and also in the affidavit page has wrongly been typed as District- Bhagalpur in place of DistrictBegusarai. In view of the aforesaid submission, the office is directed to make correction in the address of the petitioner mentioned in the cause title page as also in the affidavit page. Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 120(B), 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
432.870 litres of foreign liquor has been recovered near a bridge situated in Parora Diyara. One mobile phone and one motorcycle were also recovered from the spot. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that petitioner of Cr. Misc. No.61620 of 2022 has got one criminal antecedent of similar nature whereas petitioner of Cr. Misc. No.61568 of 2022 has got no criminal antecedent as stated in paragraph-3 of the bail applications. It is submitted that motorcycle belongs to
3/4 petitioner, Raju Singh @ Raju Kumar Singh, therefore, he is also made accused in the present case. It is submitted that the said motorcycle and mobile phone do not belong to petitioner, Sonu Kumar @ Sonu Kumar Singh. It is further submitted that nothing has been recovered from the conscious possession of the petitioners.
Petitioners are agree to deposit a sum of Rs. 30,000/- (rupees thirty thousand) each in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Begusarai in connection with Sahebpur Kamal P.S. Case No.199 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions
4/4 that:
(i) One of the bailors will be own blood relative of the petitioners, preferably, father, mother, brother, sister and/or their wives.
(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned court below on showing receipts of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) Sanjay/- U T