Sonu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82808 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- CHENARI District- Rohtas ====================================================== Sonu Bind Son of Snehi Bind @ Sanehi Bind R/O-Village- Raipur Chore, PSSheosagar(Baddi), Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Adv.
For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-12-2024 Heard Mr. Rajani Kant Singh, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Chenari P.S. Case No. 213 of 2024 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 04.07.2024 by the informant, Uday Narain Pandey.
3. As per the prosecution story, the informant alleged that in course of patrolling and upon secret information, a motorcycle with sack attached to it was intercepted and there is recovery/seizure of 75 litres of country made liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that though he owns the motorcycle, is a farmer, the sack was present there where he had parked the motorcycle and got
Patna High Court CR. MISC. No.82808 of 2024(2) dt.03-12-2024 2/3 implicated. He has clean antecedent and is in custody since 04.07.2024 ( para-4 of the petition).
5. Learned APP opposes the prayer.
6. Considering the submissions put forward by the parties as also the period of custody coupled with the fact that he has no criminal antecedent, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with aforesaid P.S. Case subject to the following conditions:
(i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his
Patna High Court CR. MISC. No.82808 of 2024(2) dt.03-12-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T