Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54150 of 2016 Arising Out of PS.Case No. -316 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== Santosh Kumar s/o Uma Shankar Sah Resident of village - Baghi, P.S. - Muffasil, Distt. - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Tajpur P.S. Case No. 316 of 2016 registered under Sections 272, 273 of the I.P.C. and 30, 38, 41 of the Bihar Excise Act. The allegation is of recovery of 48 bottles, each containing 375 ml., illegal english liquor.

Submission of learned counsel for the petitioner is that the seized liquor is not recovered from the conscious possession of the petitioner, rather the same was recovered from the Alto Car. It is also submitted that petitioner is neither owner nor the driver of the said vehicle, which would appear from the supplementary affidavit filed on behalf of the petitioner. It is further submitted

Patna High Court Cr.Misc. No.54150 of 2016 (3) dt.09-01-2017 2/2 that petitioner is in jail custody since 18.10.2016. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Samastipur in connection with Tajpur P.S. Case No. 316 of 2016. (Arvind Srivastava, J) Shail/- U T