Patna High CourtCR. MISC./15501/2019bail granted

Santosh Kumar v. The State Of Bihar

2019-03-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15501 of 2019 Arising Out of PS. Case No.-02 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== SANTOSH KUMAR Son of Late Bimal Yadav, R/o Village- Basudeopur, Police Station- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Simri P. S. Case No. 2 of 2019 instituted for the offence under Section(s) 272, 273, 120B of the Indian Penal Code and Sections 30(a), 38, 41 of Bihar Prohibition and Excise Act, 2016 .

The petitioner along with four other accused persons as named in the written report were found sitting in the Scorpio vehicle and police recovered 87.840 litres of foreign liquor from the said Scorpio vehicle. It is further alleged that on the disclosure made by this petitioner and other accused persons truck was seized which was carrying 1700.64 litres of liquor and the name of driver of the said truck was Mukesh Kumar. As such, there is no recovery of any liquor from

Patna High Court CR. MISC. No.15501 of 2019(2) dt.13-03-2019 2/2 conscious possession of this petitioner. Petitioner along with other accused persons were merely sitting as passenger on the aforesaid Scorpio vehicle.

The petitioner is in custody since 12.1.2019. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ-Vth cum Spl. Judge (Excise) Darbhanga, in connection with Simri P. S. Case No. 2 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T