Patna High CourtCR. MISC./16978/2024bail granted

Santosh Kumar Singh v. The State Of Bihar

2024-03-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16978 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- SIKARHATTA District- Bhojpur ====================================================== Santosh Kumar Singh S/O Bhuneshvar Prasad Singh R/O Vill- Araidih, P.SPiro (Hasan Bazar), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Prakritita Sharma, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sikarhatta P.S. Case No. 136 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered total 230 liters of illicit liquor from the tempo bearing Regd. No. BR03P-9824.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.16978 of 2024(2) dt.07-03-2024 2/3 present case. The petitioner was the owner of the vehicle, in question, but had sold the same to one Anil Kumar Tiwari on 16.08.2019 itself and thus, the petitioner is neither owner of the alleged vehicle nor has any concern with the occurrence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 20.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.16978 of 2024(2) dt.07-03-2024 3/3 Court below/concerned Court in connection with Sikarhatta P.S. Case No. 136 of 2023 .

(Rudra Prakash Mishra, J) rishi/- U T