Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63764 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Santosh Kumar S/o Ramishwar Prasad, Resident of Village-Basaw Mathia, P.S.-Basantpur, District-Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== 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 Bhagwanpur Hat P.S. Case No. 46 of 2017 Dated 26.2.2017 for the offences punishable under Sections 272/273/308 of the Indian Penal Code and Section 30(A)/41(1) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 26 liters of illicit liquor from a Scorpio which had been met with an accident. The name of the petitioner has transpired during the course of investigation by the disclosure made by the co-accused person who was subsequently apprehended by the police. The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.63764 of 2017 (2) dt.17-01-2018 2/2 neither any recovery has been made from the conscious possession of the petitioner nor he is the driver or owner of the said Scorpio vehicle. It is further submitted that the petitioner has a clean antecedent and he is in custody since 22.19.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 2nd, Siwan in connection with Bhagwanpur Hat P.S. Case No. 46 of 2017. (Mohit Kumar Shah, J) BTiwary/- U T