Allowed

Sonu Raj @ Sudhir Kumar @ Sudhir Sada v. The State of Bihar

Patna HC10 May 2023CR. MISC./20366/2023

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner in a case involving illegal liquor possession and forgery offences, directing him to furnish bail bonds with sureties and adhere to standard bail conditions including availability for interrogation and non-interference with witnesses.

What did the court decide?

Petitioner enlarged on bail on furnishing bonds in the sum of 10,000/- with two sureties to the satisfaction of the Learned Exclusive Special Excise Judge-II, Begusarai.

Sonu Raj @ Sudhir Kumar @ Sudhir Sada Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20366 of 2023

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Arising Out of PS. Case No.-332 Year-2021 Thana- BAKHARI District- Begusarai

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======================================================

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Sonu Raj @ Sudhir Kumar @ Sudhir Sada S/O Jalim Sada R/O Bagwan, Ward No. 11, P.S- Bakhri, Distt.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 10-05-2023

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail in connection with Bakhri

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P.S. Case No. 332 of 2021, registered for the offences punishable under Sections 414, 467 and 120(B)/34 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per allegation, from a truck, 2964.96 litres of

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Indian Made Foreign Liquor were recovered.

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Learned counsel for the petitioner submits that the

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petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

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Patna High Court CR. MISC. No.20366 of 2023(2) dt.10-05-2023 2/4

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from the conscious physical possession of the petitioner. He also submits that the petitioner is neither the owner nor the driver of the alleged vehicle. His name has been surfaced on the basis of suspicion during investigation.

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He further submits that the petitioner has been languishing in jail since 03.02.2023.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner is also involved in one another case of similar nature of offence.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier for regular bail.

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However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of 10,000/- (Ten Thousand) with two sureties₹ of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Begusarai, in connection

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Patna High Court CR. MISC. No.20366 of 2023(2) dt.10-05-2023 3/4

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with Bakhri P.S. Case No. 332 of 2021, on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that

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investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner 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.

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(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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Patna High Court CR. MISC. No.20366 of 2023(2) dt.10-05-2023 4/4

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below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.

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Ld. counsel for the petitioner is directed to remove

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all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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Amrendra/-

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Sonu Raj @ Sudhir Kumar @ Sudhir Sada v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Raj @ Sudhir Kumar @ Sudhir Sada v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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