Santosh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5581 of 2020 Arising Out of PS. Case No.-327 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== SANTOSH CHAUHAN S/o Ram Bilas Chauhan Resident of VillageSumerpur, P.O. Bishunpura Bazar, P.S.- Mairwa, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Dubey For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2020 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Mairwa P.S. Case No. 327 of 2019 registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the instant case there is recovery of 54 litres of liquor.

Learned counsel appearing on behalf of the petitioner would submit that only because of his past antecedent he has been dragged in the present case. From the prosecution story itself it is evident that nothing was recovered from the conscious possession of the petitioner. The petitioner is in custody since

Patna High Court CR. MISC. No.5581 of 2020(3) dt.13-05-2020 2/2 23.12.2019.

Considering the fact that the petitioner has remained in custody since 23.12.2019, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing his personal bond to the satisfaction of the Additional District & Sessions Judge-cum-Special Judge, Excise Act, Siwan in connection with Mairwa P.S. Case No. 327 of 2019 on account of the circumstances prevailing due to lockdown in the wake of Covid-19 pandemic, subject to the condition that in future if he is found involved in any other similar case, his bail bond shall be cancelled. (Anil Kumar Upadhyay, J) Rishi Kumar/- U T