Santosh Kumar Prasad @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2798 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== Santosh Kumar Prasad @ Santosh Kumar Son of Late Bachcha Jee Prasad Resident of Village- K.C. Tolla (K.C. College Gali), P.S.- Revilganj, DistrictSaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Govind Mishra For the Opposite Party/s :
Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
10-06-2020 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Revilganj P.S. Case No. 378 of 2019 registered for the offence under Sections 188/272/34 of the Indian Penal Code and Sections 30/38/41 of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, 73.32 liters of foreign liquor is said to have been recovered from the house of co-accused Raj Kishore Manjhi and co-accused disclosed the name of petitioner and others, who are indulged in the business of illicit liquor. It is submitted on behalf of petitioner that petitioner is named in the F.I.R. only on confession of co-accused Raj Kishore Manjhi, whereas, he (petitioner) has got no concern
Patna High Court CR. MISC. No.2798 of 2020(3) dt.10-06-2020 2/2 either with the seized liquor. It is further submitted that nothing has been recovered either from conscious possession of the petitioner or from the house of petitioner. Petitioner has falsely been implicated in this case by the co-accused due to previous enmity.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran in connection with Revilganj P.S. Case No. 378 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J.) anay U T