Santosh Mahto @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33273 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SANTOSH MAHTO @ SANTOSH KUMAR Son of Mohan Mahto Resident of Village - Begumpur, P.S.- Naokothi, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Rajeev Nayan (App.231) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Naokothi P.S. Case No. 103/2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of illicit liquor from a pick-up van and the petitioner was subsequently arrested after his name transpired in the present case upon secret information received by the police.

Patna High Court CR. MISC. No.33273 of 2021(2) dt.13-12-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 28.12.2020.

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 learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither the pick-up van belongs to the petitioner nor the petitioner was arrested from the spot, 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 Sessions Judge 2nd cum Special Judge, Excise Act, Begusarai in connection

Patna High Court CR. MISC. No.33273 of 2021(2) dt.13-12-2021 3/3 with Naokothi P.S.Case No. 103/2020.

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