Santu Bind @ Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13037 of 2023 Arising Out of PS. Case No.-120 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Santu Bind @ Santu Kumar Son Of Late Sitaram Bind Resident Of Village/Mohalla- Sheikhpura, Bind Toli, Jhoparpatti (Kabari Shop), P.S.- Shastri Nagar, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(ii)/34, 36, 41(i) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 25.245 litres of I.M.F.L. and 36 litres of country made liquor near scrap shop.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the

Patna High Court CR. MISC. No.13037 of 2023(2) dt.05-05-2023 2/2 apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 03.09.2022.

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

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Shastrinagar P.S. Case No. 120 of 2022.

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