Santosh Gond @ Santosh Kumar Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26132 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SANTOSH GOND @ SANTOSH KUMAR GOND, aged about 45 yers, Male, Son of Late Paras Gond @ Paras Prasad Gond Resident of village/Mohalla- Ward No. 17, Bhabhua, P.S.- Bhabhua, District- Kaimur at Bhabhua ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Uday Pratap Singh, Adv.
For the Opposite Party :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 01.03.2019 in connection with Bhabhua P.S. Case No. 85 of 2019 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information that the petitioner along with his brother, Neeraj Gond, is trading in illicit liquor, the police conducted a raid. The petitioner was apprehended while his brother fled away. On search, from the house 21.600 liters of illicit liquor was recovered. Accordingly, a seizure list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has
Patna High Court CR. MISC. No.26132 of 2019(2) dt.09-05-2019 2/2 been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioner as the house belonged to his brother. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bhabhua P.S. Case No. 85 of 2019 to the satisfaction of the learned I/C Special Judge, Excise, Kaimur at Bhabhua, or the successor Court.
(Nilu Agrawal, J) Shamshad/- U T