Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14082 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== SANTOSH SINGH, aged about 40 years, Male, Son of Vijay Bahadur Singh, Resident of Village - Banarahi, P.S.- Phephna, District - Balia (U.P.) ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 12-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing. The petitioner seeks pre-arrest bail in connection with Brahmpur (Nonijor) P.S. Case No. 378 of 2019, registered under Sections 420, 414, 120B/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. In course of patrolling duty, white colour vehicle was seen near Shivjee temple situated at Badki Nonijor. On giving the signal to stop, the Bolero vehicle was stopped. On query, the person, who was on driving seat disclosed his name Kanhaiya Yadav and another person disclosed his name Munna Yadav.

On search, ten cartons, each containing 48 bottles of 180 ml Indian made foreign liquor recovered.

Patna High Court CR. MISC. No.14082 of 2020(2) dt.12-06-2020 2/2 Bishupur.

Submission is that the petitioner was not apprehended on spot nor the petitioner is the owner of the said Bolero vehicle, but, with ulterior motive, the name of the petitioner has been implicated in this case showing his name in the confessional statement of coaccused, who were apprehended from the vehicle. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Brahmpur (Nonijor) P.S. Case No. 378 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge II-cum-Special Judge, Excise, Buxar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T