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Patna High CourtCR. MISC./4829/2025allowed

Santosh Yadav @ Santosh Kumar v. The State Of Bihar

2025-02-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4829 of 2025 Arising Out of PS. Case No.-90 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== Santosh Yadav @ Santosh Kumar S/o Satendra Yadav @ Satyendra Yadav @ Satyendra Prasad R/o Village- Birbal Bigha, P.S.- Belaganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan For the Opposite Party/s:

Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2025 Heard learned counsels for the parties.

2. The petitioner seeks for bail in a case registered for the offences punishable u/s 30 (a) and (d) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Altogether 1000 liters of Mahua Jawa liquor and other materials used in preparation of liquor is said to have been recovered from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. His name transpired in the case only on the basis of suspicion. Petitioner

Patna High Court CR. MISC. No.4829 of 2025(2) dt.21-02-2025 2/3 has four criminal antecedent and has been in judicial custody since 19.09.2024.

5. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Belaganj P.S. Case No.90 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below

Patna High Court CR. MISC. No.4829 of 2025(2) dt.21-02-2025 3/3 will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Lawyer's Association Welfare Benevolent Fund, Patna.

(Anjani Kumar Sharan, J) shikha/- U T