Patna High CourtCR. MISC./63438/2017bail granted

Santosh Patel v. The State Of Bihar

2018-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63438 of 2017 Arising Out of PS.Case No. -323 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Santosh Patel, son of Balram Patel, resident of Village- Bhitaha Mathiya, P.S.- Bairiya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bettiah Muffasil PS case no. 323 of 2017 instituted for the offences punishable under Section 38 of the Bihar Excise and Prohibition Act, 2016.

The case of the prosecution is that when they had apprehended a vehicle, a total quantity of around 500.00 ltrs. of illicit liquor was recovered from the said car. The driver of the said vehicle is said to have named the petitioner as the person from whose godown, he has loaded the illicit liquor. The learned counsel for the petitioner submits that neither any recovery has been made from the person of the

Patna High Court Cr.Misc. No.63438 of 2017 (2) dt.17-01-2018 2/2 petitioner nor the said car belongs to the petitioner. It is further submitted that the petitioner is languishing in custody since 13.10.2017.

Considering the nature of accusation and the period of custody undergone, I deem it fit and appropriate to enlarge the petitioner on regular bail. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, West Champaran at Bettiah in connection with Bettiah Muffasil PS case no. 323 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T