Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8932 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Santosh Kumar S/O Thakai Mandal R/V- Balwa, Ward No. 04, P.S.- Madhwapur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Murari For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Sursand P.S. Case no. 628 of 2022 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 225 liters Nepali Saufi liquor which recovered from a car bearing Reg. No. BR-06U/2293 after investigation FIR lodged against this petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in

Patna High Court CR. MISC. No.8932 of 2023(2) dt.17-04-2023 2/3 this present case due to dirty village politics. Petitioner has no concern with the alleged recovered wine. No any incriminating article has been recovered from his possession. It is further submitted that the vehicle in question belongs to him. The petitioner is languishing in judicial custody since 04.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 30,000/- (Thirty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sursand P.S. Case No. 628 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 Exclusive Special Excise Court-II, Sitamarhi. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of

Patna High Court CR. MISC. No.8932 of 2023(2) dt.17-04-2023 3/3 deposit of Rs. 30,000/- (Rs. Thirty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T