Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38746 of 2017 Arising out of P.S. Case No.-109 Year-2017 Thana- BARAHIYA District- Lakhisarai =============================================== Santosh Kumar, Son of Mohan Singh, Resident of VillagePratappur, P.S.-Barhaiya, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Adv. For the Opposite Party/s: Mr. Md. Sufiyan, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 30 (a), 32(b) and 38(a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that as per allegation, 50 bottles each containing 750 ml of foreign liquor were allegedly recovered from the vehicle which was parked in front of the shop of the petitioner. It is further contended that the petitioner is accused in one other case, i.e., Barhaiya P.S. Case No. 191 of 2016 for the offences under Section 30(a) of Bihar Prohibition & Excise Act. Petitioner claims that he is in custody since

Patna High Court Cr.Misc. No.38746 of 2017(2) dt.19-08-2017 2/3 12.07.2017.

Considering the facts and the circumstances of the case, the petitioner, above named is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Lakhisarai in connection with Barahaiya P.S. Case No. 109 of 2017 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Lakhisarai within fifteen days of his release with a copy of this order and every month thereafter for the next six months.

The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail.

Patna High Court Cr.Misc. No.38746 of 2017(2) dt.19-08-2017 3/3 by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Vikash/- U T