Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84535 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.
Sonu Kumar S/o Pramod Sah R/o village- Mushahri Pethiya, P.S.- Mushahari, District- Muzaffarpur.
2.
Monu Kumar S/o pramod Sah R/o village- Mushahri Pethiya, P.S.- Mushahari, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Kumar For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Excise P.S. Case No. 19 of 2023, a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioners are that after seeing the police, they fled away from the place of occurrence.
4. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 63 litres
Patna High Court CR. MISC. No.84535 of 2023(2) dt.12-01-2024 2/3 of foreign liquor is said to have been recovered from place of occurrence. Petitioners have got no criminal antecedents mentioned in Para 3 of the bail application.
5. Petitioners are agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) each in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code : CBIN0282779 (fifth character is zero), MICR Code : 800016018.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Excise P.S. Case No. 19 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioners will not indulge himself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioners will be accepted by
Patna High Court CR. MISC. No.84535 of 2023(2) dt.12-01-2024 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Ranjeet/- U T