Patna High CourtCR. MISC./14288/2020bail granted

Santosh Kumar @ Santosh Kumar Gupta v. The State Of Bihar

2020-05-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14288 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR GUPTA, Son of Late Moti Lal Sah, Resident of Village - Nawanagar, P.S.- Nawanagar, District - Buxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-05-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in custody since 25.01.2020 and seeks bail in connection with Nawanagar P. S. Case No.201 of 2019 registered for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act and Amended Rule2018. Neither petitioner was caught on the spot nor anything was recovered from his conscious possession. It appears that except the criminal antecedent of the petitioner as well as claim of the informant that he had seen the petitioner fleeing from the place of occurrence, there is nothing against the petitioner.

Patna High Court CR. MISC. No.14288 of 2020(2) dt.13-05-2020 2/2 Accordingly, let the petitioner, above named, 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 learned Additional Sessions Judge-cum-Special Judge (Excise) Act, Buxar in connection with Nawanagar P. S. Case No.201 of 2019.

However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) vikash/- U T