Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 17111 of 2023 Arising Out of PS. Case No.-2 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== SANTOSH KUMAR Son of Tejendra Yadav @ Tejendra Kumar R/vBhatrandha Ward No. 05 (Ghailadh), P.S.- Ghailadh, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 882 liters of illegal foreign liquor from a Car. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the liquor. The name of the petitioner has come into light, on the basis of confessional statement of co-

Patna High Court CR. MISC. No. 17111 of 2023(2) dt.11-05-2023 2/2 accused Kamlesh Kumar, which has got no evidentiary value in the eyes of law. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 19.12.2022.

The application for bail is opposed by learned APP for the State.

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 Additional Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura in connection with Government Official Comp. P.S. Case No. 2 of 2021.

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