Patna High CourtCR. MISC./20140/2024bail granted

Santosh Kumar @ Santosh Paswan v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20140 of 2024 Arising Out of PS. Case No.-164 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Santosh Kumar @ Santosh Paswan Son of Jitendra Paswan Resident of Village-Badka Gawan, P.S.-Amba, District-Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Amba P.S. Case No. 164 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 297 liters liquor was recovered from pick-up van.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that petitioner is

Patna High Court CR. MISC. No.20140 of 2024(2) dt.18-03-2024 2/2 neither owner nor driver of the vehicle and the name of the petitioner transpired from the confessional statement of coaccused Pramod Paswan. The petitioner is in custody since 15.01.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amba P.S. Case No. 164 of 2021.

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