Santosh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8844 of 2023 Arising Out of PS. Case No.-304 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== 1.

Santosh Das Son Of Ramdev Das R/O Village- Basauli Ward No.15, P.S.- Rahika, District- Madhubani 2.

Kusheshwar Das Son Of Ramdev Das R/O Village- Basauli Ward No.15, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar Thakur For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

It is a case of recovery of total 72 liters Nepali Desi liquor which recovered from back side of their house and 4.8 liters illicit liquor also recovered from a scooty bearing Reg. No. BR07AR-7563 which was standing in front of their house.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.8844 of 2023(2) dt.17-04-2023 2/2 have falsely been implicated in this case. Petitioner has no concern with the alleged land from where liquor has been recovered. It is further submitted that scooty in question does not belong to them. They have got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 31.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahika P.S. Case No. 304 of 2022 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-II-cum-Special Judge, Excise Act, Madhubani.

(Sunil Kumar Panwar, J) Manish/- U T