Patna High CourtCR. MISC./1767/2019bail granted

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

2019-01-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1767 of 2019 Arising Out of PS. Case No.-654 Year-2018 Thana- MANER District- Patna ====================================================== Santosh Kumar @ Santosh Kumar Rai, son of Ramashankar Rai, Resident of Jivrakhan Tola, Darbeshpur Bagicha, P.S. -Maner, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Chandra Patel, Adv.

For the Opposite Party/s :

Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.12.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise, Act, 2016.

The prosecution case is that 30 litres of Mahua liquor were recovered from the motorcycle driven by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been roped in the present case. In fact, the recovery has not been made from the possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court Cr.Misc. No.1767 of 2019(2) dt.15-01-2019 2/2 any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery and the period of custody of the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, 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 learned Special Judge, Excises, Patna, in connection with Special Case No.11566/2018, arising out of Maner P.S. Case No.654 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T