Santosh Kumar @ Kelampu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18940 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== SANTOSH KUMAR @ KELAMPU Son of Yogendra Chaudhary Resident of Mohalla- Bari Patandevi Garhaper, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Alamganj P.S. Case no. 96 of 2021 instituted for the offence under Sections 30(a), 36, 41(i) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 188.240 litres from the house of co-accused Rohit Kumar. At the time of raid, petitioner was present at his house and on seeing the police party, he succeeded in fleeing away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or

Patna High Court CR. MISC. No.18940 of 2022(2) dt.25-08-2022 2/2 with the place of occurrence. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Alamganj P.S. Case no. 96 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U