Santosh @ Dhilla And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8431 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- SULTANGANJ District- Patna ======================================================

1. Santosh @ Dhilla son of Late Dilip Ram, Resident of Mohalla- Old Ambedkar Colony, P.S. Sultanganj, District-Patna.

2. Feku Ram @ Sunil Kumar son of Late Ramakant Ram @ Ram Awtar Ram, Resident of Mohalla - Old Ambedkar Colony, P.S. Sultanganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.

The petitioners apprehend their arrest in Sultanganj P.S. Case No.261 of 2018 registered under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act.

The informant got information that behind Bharat Mata Mandir, Vicky Kumar, Suraj Kumar, Sanjay Kumar, Santosh @ Dilla and Feku Ram were selling liquor. On such information, the informant raided the place but the accused persons fled away. On search, a huge quantity of liquor of different brands was recovered.

Learned counsel for the petitioners submits that the petitioners were not arrested on the spot. The petitioners have no manner of concern with the recovered liquor. Similarly situated

Patna High Court Cr.Misc. No.8431 of 2019(2) dt.13-02-2019 2/2 accused persons, namely, Vicky Kumar and another have already been granted bail vide order passed in Cr. Misc.No.1191 of 2019. The case of these petitioners stands on better footing. Having considered the fact that no liquor was recovered either from personal or conscious possession of the petitioners and the name of these petitioners figured on the disclosure made by the Investigating Officer and the fact that similarly situated accused persons have been granted bail, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Sultanganj P.S. Case No.261 of 2018 (Special Case No.8759 of 2018), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U