Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 82992 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== SONU KUMAR, aged about 27 years, Gender - Male, son of Anil Mahto, Resident of Village - Champapur Agrail, PS - Baligaon, District - Vaishali, at Present residing at ITI Campus Ganipur, PS - Kazi Mohammadpur, District - Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Priyesh Kumar, Advocate For the Opposite Party/s :

Mr Kanhaiya Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Excise Case No 98 of 2019, PR No 27 instituted for the offence under Section(s) 30 (a) of Bihar Excise and Prohibition Act, 2016 It has been submitted on behalf of the petitioner that the the petitioner is in custody since 27.09.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2345.430 liters of illicit liquor is recovered from the car in question. The car in question does not belong to the petitioner. There is no compliance of Section 100 of Criminal Procedure

Patna High Court CR. MISC. No.82992 of 2019(2) dt.13-12-2019 2/2 Code. Co-accused Anil Mahto has already been granted bail by this Court in Cr Misc No 51516 of 2016 on 19.08.2019 Learned APP for the State has opposed the prayer. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in connection with Excise Case No 98 of 2019, PR No 27 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) M.E.H./- U T