Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6343 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Santosh Kumar, age about 22 years, Gender-Male, Son of Bhailal Yadav, Resident of Village - Gangapatti, P.S. and District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 11.12.2018 in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from a Maruti Suzuki car, in which four FIR named accused persons including the petitioner were travelling, 187.725 litres of illicit foreign liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner is neither the owner nor the driver of the vehicle in question, statement to that effect has been made in paragraph 8 of the petition. A statement has been made in

Patna High Court Cr.Misc. No.6343 of 2019(2) dt.05-02-2019 2/2 paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from a car in which petitioner was travelling along with three other co-accused persons.

Considering the fact that the car is not found registered in the name of the petitioner and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-7th cum Special Judge, Excise, East Champaran, Motihari in connection with Dumariyaghat P.S. Case No. 211 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T