Patna High CourtCR. MISC./6400/2020allowed

Santosh Kumar Yadav @ Tenson @ Tansan v. The State Of Bihar

2020-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6400 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== SANTOSH KUMAR YADAV @ TENSON @ TANSAN S/o Rajender Yadav @ Rajendra Yadav R/o village- Darima, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody connection with Keoti P.S. Case No. 170 of 2019 (G.O. Case No. 1163 of 2019) for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits there is recovery of 57 liters of liquor in the instant case. He further submits that nothing was recovered from the conscious possession of the petitioner rather the liquor was recovered from a bush near primary school.

The petitioners are in custody since 12.12.2019. Considering the fact nothing was recovered from the conscious possession of the petitioner, the Court is inclined to

Patna High Court CR. MISC. No.6400 of 2020(2) dt.03-02-2020 2/2 grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge Excise, Darbhanga, in connection with Keoti P.S. Case No. 170 of 2019 ( G.O. Case No. 1163 of 2019) subject to the condition that if the petitioner is found involved in such similar cases in future, the court below shall be at liberty to cancel the bail bond of the petitioner.

(Anil Kumar Upadhyay, J) Ravi/- U T