Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59250 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Santosh Prasad Son of Late Swami Nath Prasad Resident of Village - Saidpura, Police Station - Goraiya Kothi, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Goraiya Kothi P.S.Case No. 154 of 2017 instituted for the offence punishable under Sections 272, 273, 308 of the Indian Penal Code and 30 (1) and 41 (1) of the Bihar Excise Prohibition Amendment Act, 2016.

The allegation is regarding recovery of 26 liters of illicit liquor from the behind of the house of one Sanjay Yadav, co-accused in the present case.

Learned counsel for the petitioner submits that in fact no recovery has been affected from the conscious possession of the petitioner and he has been falsely roped in the present case and

Patna High Court Cr.Misc. No.59250 of 2017 (2) dt.22-12-2017 2/2 he is in custody since 09.09.2017.

Considering the nature of accusation and period of custody undergone, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioners are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II, Siwan in connection with Goraiya Kothi P.S.Case No. 154 of 2017.

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