Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18568 of 2023 Arising Out of PS. Case No.-801 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Santosh Kumar, Son Of Padarath Rai, Resident Of Village - Chhapra Chowk, P.S. - Minapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 801 of 2022 for the offence registered under Sections 30 (a), 32 (i), 32(ii), 36, 41(i) of the Bihar Prohibition and Excise Act.

It is alleged in the prosecution case that on search of Bolero pickup vehicle 864 litres of illicit foreign liquor was recovered and the driver of the pickup van apprehended who disclosed the name of the owner of vehicle and three liquor traders including the petitioner.

Patna High Court CR. MISC. No.18568 of 2023(2) dt.16-05-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He was neither apprehended on spot nor any incriminating article has been recovered from his possession. His name has been transpired in the confessional statement of the co-accused Suraj Kumar Sahu who is the driver of the seized vehicle and the confessional statement has no evidentiary value in the eye of law. Petitioner has no criminal antecedent and is in jail custody since 24.01.2023. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the submissions on behalf of the parties, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.- II, Muzaffarpur in Kanti P.S. Case No. 801 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T