Patna High CourtCR. MISC./25961/2025bail granted

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

2025-05-07Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25961 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- DARPA District- East Champaran ====================================================== Santosh Rai @ Santosh Ray @ Santosh Kumar S/o Bindeshwar Rai R/o vill - Amwa tola, P.S. - Darpa, Distt.- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar No.III, Advocate For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Darpa PS. Case No.19 of 2025, dated.24.01.2025, registered for the offences punishable under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, 40 litre of illicit liquor has been recovered from two vehicles.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that neither of the vehicles belong to

Patna High Court CR. MISC. No.25961 of 2025(2) dt.07-05-2025 2/3 the petitioner nor any recovery has been made from his possession or from his house and his name has transpired in the confessional statement of the co-accused which has no evidentiary value.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court, in connection with Darpa PS. Case No.19 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

Patna High Court CR. MISC. No.25961 of 2025(2) dt.07-05-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T