Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11287 of 2020 Arising Out of PS. Case No.-636 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== SANTOSH KUMAR Son of Late Jawahar Jha Resident of Village/MohallahRampur Madan, P.S.- Bahadurpur, District- Darbhanga (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application for grant of anticipatory bail arises out of Bahadurpur Police Station Case No. 636 of 2019, disclosing offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the First Information Report, is that the police, on secret information that the petitioner was going to deliver illicit liquor, intercepted the motorcycle of the petitioner, but the petitioner fled away leaving behind his motorcycle. Upon search, the police recovered 1.875 litres of illicit liquor from the dickey of the said motorcycle.

Patna High Court CR. MISC. No.11287 of 2020(2) dt.11-06-2020 2/3 Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case inasmuch as the motorcycle from which the illicit liquor has been recovered does not belong to him and statement to this effect has been made in paragraph 8 of this application. He further submits that no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner. He further submits that the petitioner has got no criminal antecedent.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that the petitioner is not the owner of the motorcycle in question and the illicit liquor has not been recovered from the conscious possession of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Darbhanga, in

Patna High Court CR. MISC. No.11287 of 2020(2) dt.11-06-2020 3/3 connection with Bahadurpur Police Station Case No. 636 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √