Patna High CourtCR. MISC./71102/2023bail granted

Sanoj Kumar @ Saroj Kumar v. The State Of Bihar

2023-12-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71102 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Sanoj Kumar @ Saroj Kumar Son Of Rambabu Singh R/O Village- Sangram Fandah, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kanhauli P.S. Case No. 109 of 2023, lodged under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 30.08.2023 passed in Cr. Misc. No. 56254 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge.

4. Learned counsel for the petitioner further submits that vide Annexure-P/3, the charge has been framed in this case on 18.09.2023.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.71102 of 2023(3) dt.22-12-2023 2/3 for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Excise Court No.1, Sitamarhi in connection with Kanhauli P.S. Case No. 109 of 2023,, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(i) one of the bailor should be the family member 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 bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.71102 of 2023(3) dt.22-12-2023 3/3 cancellation of the bail bonds; and (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 the bail bonds.

7. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Prakashmani/- U