In a criminal miscellaneous matter arising from a PS case involving offences under the IPC and Bihar Prohibition and Excise Act, the Patna High Court granted bail to the petitioner upon furnishing bond amounts and two sureties.
Petitioner released on bail upon furnishing bonds of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3805 of 2023
Arising Out of PS. Case No.-728 Year-2021 Thana- SARAIYA District- Muzaffarpur
======================================================
SONU KUMAR S/o Ramanath Sah R/o village- Bakhra, P.S.- Saraiya, DisttMuzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vaishnavi Singh For the Opposite Party/s : Mr.Bhanu Pratap Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 28-04-2023
Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Saraiya P.S. Case No. 728 of 2021 registered for the offence punishable under sections 272, 273, 284, 328, 307, 302/34, 120B of the Indian Penal Code and Sections 30(a), 37(b), 33, 36, 34 of the Bihar Prohibition and Excise Act.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has no concern with the seized article. Similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide orders dated 11.11.2022 and 14.10.2022 passed in Cr. Misc. Nos. 52887 of 2022 and
Patna High Court CR. MISC. No.3805 of 2023(2) dt.28-04-2023 2/2
29007 of 2022.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Court No. II, Muzaffarppur in connection with Saraiya P.S. Case No. 728 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail on furnishing an amount and executing bail bonds with two sureties?
1 provisions across 1 enactments
Sonu Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
