Santosh Rai @ Santosh Kumar @ Santosh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2175 of 2020 Arising Out of PS. Case No.-288 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== Santosh Rai @ Santosh Kumar @ Santosh Ray S/o Ramdev Rai @ Ramdev Ray R/o village- Bhagwanpur Gorina, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bakshi S.R.P. Sinha, Sr. Advocate Mrs. Kumari Vandana, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned Senior Counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Kalyanpur P.S. Case No. 288 of 2019 registered for the offences punishable under Sections 47, 30(a), 41(2)(1).

Learned Senior Counsel for the petitioner submits that although the recovery of illicit liquor has been shown from the Dalan (Bunglow) of the petitioner but it would appear from the seizure list that both the seizure list witnesses are the police personnel and there is no independent witness. It is further submitted that the name of the petitioner has transpired in the statement of apprehended accused.

Learned APP for the State has opposed the prayer of

Patna High Court CR. MISC. No.2175 of 2020(2) dt.16-01-2020 2/2 anticipatory bail as according to him huge quantity of illicit liquor has been recovered from Dalan of this petitioner, therefore, there are some materials to implicate the petitioner in the present case.

Considering the facts and circumstances of the case particularly the huge quantity of illicit liquor allegedly recovered from the Dalan of this petitioner, there being some prima facie material to connect this petitioner, in view of the Full Bench judgment of this Hon'ble Court in the case of Ram Binay Yadav Vs. The State of Bihar reported in 2019 (2) PLJR 1089, this Court is not inclined to entertain this application for grant of anticipatory bail. Accordingly, this application stands dismissed.

In case the petitioner surrenders and prays for regular bail within a period of four weeks from today before the learned court below, his prayer for regular bail shall be considered on its own merit without being prejudiced by the present order of this Court.

(Rajeev Ranjan Prasad, J) avin/- U T