Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69390 of 2019 Arising Out of PS. Case No.-331 Year-2019 Thana- PATORI District- Samastipur ====================================================== 1.

Sonu Singh, 2.

Raushan Singh Both Sons of Sudish Singh @ Sudisht Narayan Singh, Resident of VillageAsharafpur Supaul, P.S. Shahpur patori, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Learned counsel for the petitioners is permitted to correct paragraph 2 and 3 in which he has stated 'petitioner' instead of 'petitioners.'

Heard learned counsel for the petitioners and learned APP for State.

The petitioners in this case are seeking anticipatory bail in connection with Shahpur Patori P.S. Case No.331 of 2019 registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case as according

Patna High Court CR. MISC. No.69390 of 2019(3) dt.27-11-2019 2/3 to him nothing has been recovered from the possession of the petitioners. Learned counsel submits that the names of the petitioners have transpired in the confessional statement of the co-accused.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case wherein the illicit liquors were allegedly recovered from the poultry farm of one Ritesh Singh and nothing incriminating is said to have been recovered from the house of these petitioners as also that their names have transpired in the statement of the apprehended accused, but these petitioners have no criminal antecedent, let the petitioners in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur in connection with Shahpur Patori P.S. Case No.331 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when

Patna High Court CR. MISC. No.69390 of 2019(3) dt.27-11-2019 3/3 required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T