Santosh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19624 of 2020 Arising Out of PS. Case No.-146 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== SANTOSH KUMAR RAI Son of Late Gyanchand Rai Resident of Village - Gayghat, P.S.- Semri, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Special Case No. 146 of 2020 (arising out of P.R. (Mohania Circle) No. 40 of 2019-20), registered for the offence punishable under Sections 30(a) of the Bihar Prohibition Excie Amendment Act.

The allegation is regarding recovery of 51.435 liters of illicit liquor from dickey of a Maruti Suziki vehicle and the

Patna High Court CR. MISC. No.19624 of 2020(2) dt.24-06-2020 2/3 petitioner is stated to be the driver of the said vehicle. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 12.2.2020. It is further submitted that the petitioner is merely the driver of the vehicle in question, hence, he cannot be saddled with the liability of the illicit liquor recovered from the vehicle.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the petitioner is the driver of the vehicle in question and he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 3rd cum Special Judge (Excise) Act, Kaimur at Bhabhua in connection with Special Case No. 146 of 2020 (arising out of P.R. (Mohania

Patna High Court CR. MISC. No.19624 of 2020(2) dt.24-06-2020 3/3 Circle) No. 40 of 2019-20).

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