Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23057 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SANTOSH KUMAR S/o Late Shiv Das Singh Resident of Village- Rohae, P.S.- Karpi, Distt- Arwal. at present R/o Satyendranagar, P.S.,Town, DisttAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uday Chandra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Uday Chandra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Town P.S. Case No. 110 of 2020 registered for the offences punishable under Section(s) 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation against the petitioner is that during patrolling duty, one Auto rickshaw was intercepted by the Police and a total quantity of 171.900 litres of illicit liquor was recovered from the vehicle in question.

Patna High Court CR. MISC. No.23057 of 2020(2) dt.08-09-2020 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He has falsely been implicated in this case. Learned counsel for the petitioner further submits that the petitioner is not the owner of the Auto rickshaw which has been stated in paragraph-10 of this bail petition. Learned counsel also submits that the petitioner is driver of the said Auto rickshaw and he was not aware about the said illicit liquor being kept inside the vehicle. The petitioner is in custody since 09.03.2020. Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 09.03.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad, in connection with Town P.S. Case No. 110 of 2020.

Patna High Court CR. MISC. No.23057 of 2020(2) dt.08-09-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T