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

Patna High Court Cr.Misc. No.11633 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11633 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Santosh Kumar Yadava @ Santosh Rai, Son of Late Nand Kishor Rai, Resident of Village- Panchhor, P.S.- Riga, District- Sitamarhi .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Riga PS case no. 129 of 2017 registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 54 liters of illicit liquor from the field of one Bhikhari Mahto. The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the said field belongs to the petitioner and the petitioner is having a clean antecedent.

Considering the nature of accusation levelled against

Patna High Court Cr.Misc. No.11633 of 2018 (2) dt.27-02-2018 the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II-cum- Special Judge, Excise Act, Sitamarhi in connection with Riga PS case no. 129 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T