Patna High CourtCR. MISC./19544/2023bail granted

Santosh Das v. The State Of Bihar

2023-05-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19544 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- BAUNSI District- Banka ====================================================== Santosh Das Son Of Puran Das Resident Of Village - Gandhinagar, Sipar Mochipara, P.S. - Dumka, Distt. - Dumka (JHARKHAND). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Bounsi P.S. Case No. 220/2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated on the basis of confessional statement of co-accused Sunil Kumar Sah. He has one criminal antecedent in which he is on bail. Petitioner is neither owner nor driver of the seized vehicle. Petitioner is in custody since 14.12.2022.

Learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.19544 of 2023(2) dt.10-05-2023 2/2 Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. 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 Additional District & Sessions Judge- IInd, Banka in connection with Bounsi P.S. Case No. 220/2022.

This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. The trial court is directed to expedite the trial of all the cases which are registered against the petitioner. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Bounsi Police Station, District- Banka on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T