Patna High CourtCR. MISC./46509/2016bail granted

Santosh Kumar v. The State Of Bihar

2016-10-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46509 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== Santosh Kumar, Son of Nandu Prasad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Jafar Khan For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 120 (b) of the Indian Penal Code and Sections 47 (A) (F) (G), 54, 57 of Bihar Excise (Amendment) Act, 2016.

According to prosecution case itself, in huge quantity Indian made foreign liquor were recovered from a Toyota vehicle and F.I.R. named co-accused, Rajnish Kumar and Brajesh Kumar were arrested from the aforesaid vehicle. So far as petitioner is concerned, it is alleged that he was caught by the police with Bajaj Discover motorcycle and the allegation against him is that he was escorting the aforesaid Toyota vehicle. The apprehended accused disclosed that seized liquor had to be delivered to petitioner.

Patna High Court Cr.Misc. No.46509 of 2016 (2) dt.24-10-2016 2/2 Petitioner does not have any criminal antecedent and is languishing in jail custody since 01.09.2016. Considering the aforesaid facts and circumstances as well as this aspect of the matter that nothing has been recovered from conscious possession of the petitioner nor he was found sitting in the vehicle from which the alleged recovery was made, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar, Judicial Magistrate 1st Class, Gaya in connection with Paraiya P.S. Case No. 115 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T