Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37055 of 2021 Arising Out of PS. Case No.-277 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SANTOSH KUMAR Son of Saheb Rout Resident of Village - Andi Gola, P.S.- Town, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Town P.S. Case No. 277 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 40.545 litres of illicit liquor from a tea stall.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 07.04.2021. The learned counsel for the petitioner has further submitted that the illicit liquor was brought by the co-accused person namely

Patna High Court CR. MISC. No.37055 of 2021(2) dt.14-12-2021 2/2 Anand Ji Prasad @ Laddu. It is also submitted that the place from where the illicit liquor has been seized does not belong to the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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, Excise, Muzaffarpur in connection with Muzaffarpur P.S. Case No. 277 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T