Jagmohan Sonkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68939 of 2022 Arising Out of PS. Case No.-829 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== JAGMOHAN SONKAR, Son of Lalan Ram @ Lalan Sonkar, R/O VillageAthkhambhawa, Sasaram, P.S.- Sasaram (Town), District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sasaram (T) P.S. Case No. 829 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

60 litres illicit liquor has been recovered packed in a jute bag which, as per prosecution case, was being carried by the petitioner on a motorcycle.

Learned counsel for the petitioner submits that the recovery is not from the petitioner's possession. He has no concern with the motorcycle or the liquor and on account of his antecedents in two cases, he has been implication in this case. Though, he is on bail, there are two cases pending against him. He is in custody since 26.09.2022. Moreover, investigation is also complete. Recovery is denied and disputed and is stated to be not in accordance with law. Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.68939 of 2022(2) dt.10-02-2023 2/2 Considering the rival submissions, manner of petitioner's implication, period of custody and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 Excise Court No.2-cum-Additional District & Sessions Judge, Rohtas at Sasaram, in connection with Sasaram (T) P. S. Case No. 829 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T