Santosh Kumar Dudey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29012 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Santosh Kumar Dudey S/o Late Brahmeshwar Dubey Resident of Saraswati Nagar, P.S. Chas (Bokaro), District - Bokaro (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. A.G., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State, through virtual Court proceedings. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 30(a) of Bihar and Prohibition and Excise Act.

Allegation is of recovery of 171 litres foreign liquor from an Auto.

Learned counsel for the petitioner submits that the petitioner is driver of the said auto and he has no concern with the seized illicit liquor. It is submitted that mandatory provision of Sub-section 2 of Section 74 and Section 82 of Bihar

Patna High Court CR. MISC. No.29012 of 2022(2) dt.06-08-2022 2/2 Prohibition and Excise Act with respect to search and seizure have not been followed. It is further submitted that the petitioner is in custody since 16.02.2021, and a is a person with clean antecedent.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) only each two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Beur P.S. Case No. 81C2 of 2021.

(Khatim Reza, J) annpurna/- U T