Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27152 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== SANTOSH YADAV S/o Late Masudan Yadav R/o village- Gangia, P.S.- Gangour, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Zainul Abadin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Khagaria (Gangaur) Police Station Case No. 182 of 2020, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1b)a/26/35 of the Arms Act. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 19.10.2020, passed in Criminal Misc. No. 26855 of 2020, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.

The allegation against the petitioner, as per the First Information Report, is that the police intercepted one Maruti Suzuki Ertiga car, bearing registration no. BR 09PA/2472, in

Patna High Court CR. MISC. No.27152 of 2021(2) dt.28-07-2021 2/2 which three persons were sitting and recovered ten live cartridges of 315 bore and one mobile set of Redme company from the possession of petitioner.

Learned Counsel for the petitioner submits that the petitioner is in custody since 04.03.2020 and charge sheet has been submitted in this case and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence. Having regard to the submission made on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 04.03.2020, charge sheet has been submitted in this case and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria in connection with Khagaria (Gangaur) Police Station Case No. 182 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √