Patna High CourtCR. MISC./14108/2021bail granted

Santosh Kumar v. The State Of Bihar

2021-07-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14108 of 2021 Arising Out of PS. Case No.-665 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== SANTOSH KUMAR S/o Vishwanath Sahni R/o village- Pichpura, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Saraiya (Jaitpur O.P.) P.S. Case no. 665 of 2020 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 35.25 litres of liquor was recovered from the Santro car in which the petitioner was also travelling.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. He has no concern either with the seized liquor or the car in question. No

Patna High Court CR. MISC. No.14108 of 2021(2) dt.02-07-2021 2/2 incriminating article has been recovered from his possession. He is in custody since 8.10.2020 and has no criminal antecedent. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case including the petitioner not having any criminal antecedent and being in custody for over 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Saraiya (Jaitpur O.P.) P.S. Case no. 665 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

Spd/- (Partha Sarthy, J) U T