Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20244 of 2021 Arising Out of PS. Case No.-411 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Santosh Kumar aged about 20 years (Male) Son of Baiju Sahni Resident of Village - Kanthh Bishunpur @ Bishunpur Kanth, P.S.- Minapur, Distt.- Muzaffarpur.

2.

Rakesh Kumar Son of Baiju Sahni Resident of Village - Kanthh Bishunpur @ Bishunpur Kanth, P.S.- Minapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Firoz Raza For the Opposite Party/s :

Mr. Abhay Kumar - 1 A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Minapur P.S. Case No. 411 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

22 liters of country-made liquor has been recovered from behind the house of the petitioners.

It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners. Petitioners have got clean antecedent and they are in custody since 14.10.2020.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.20244 of 2021(2) dt.12-07-2021 2/2 Considering the nature of allegation, period of custody and clean antecedent of the petitioners, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Minapur P.S. Case No. 411 of 2020, on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T