Santosh Kumar Singh @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26056 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- PIRO District- Bhojpur ====================================================== SANTOSH KUMAR SINGH @ SANTOSH KUMAR, Male, age about 35 years, Son of Shobhlayak Singh, Resident of Village- Laharabad, Police Station- Piro, District- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shiv Prasad Gupta, Advocate.

For the Opposite Party :

Mr. Someshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 420 of the I.P.C. The prosecution story, in brief, is that total 324.10

Patna High Court CR. MISC. No.26056 of 2020(2) dt.13-10-2020 2/2 liters wine is said to have been recovered from different places. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 17.03.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 324.10 liters wine is recovered from different places. There is no compliance of Section 100 of Cr. P.C. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case, the petitioner above named, is directed to 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 the learned Additional Sessions Judge-IVth-cum-Special Judge, Excise, Bhojpur at Ara, in connection with Piro P.S. Case No. 73 of 2020 and Excise Case No. 559 of 2020.

(Sudhir Singh, J) U.K./- U T