Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2291 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- SAMASTIPUR District- Samastipur ====================================================== SANTOSH KUMAR Son of Ram Sagar Ray Resident of Village Jitwarpur Chauth Sapna, P.S. Muffasil, District - Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2022 Heard counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Excise Case No. 281 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
According to the F.I.R., total excise material amount in 312.120 liters were alleged to be recovered. Learned counsel for the petitioner submits that recovery was not made from the conscious possession of the petitioner rather such recovery was made in gross violation of Section 100 Cr.P.C. but name of the petitioner is inserted in this case. He further submits that the charge sheet has already been filed in this case and petitioner is in custody since 21.10.2021 and having no criminal incident.
Patna High Court CR. MISC. No.2291 of 2022(2) dt.07-06-2022 2/2 Learned A.P.P. has opposed the prayer for bail. Considering the facts of the case and after perusal of the records as well as this aspect that charge sheet has already been submitted and petitioner is in custody since 21.10.2021, let the petitioner above named be granted bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Samastipur in connection with Excise Case No. 281 of 2021. (Dr. Anshuman, J) ravishankar/- U T