Santosh Rai @ Hilli Rai @ Santosh Kumar Rai @ Shri Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37123 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== SANTOSH RAI @ HILLI RAI @ SANTOSH KUMAR RAI @ SHRI SANTOSH RAI S/o Late Shatrudhan Rai R/o village- Sher, P.S.- Sidhwalia, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Adv.
For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Sidhwalia P.S. Case No.34 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2018.
Altogether 48.060 liters of illegal wine has been recovered from behind the house of the accused Santosh Rai.
Patna High Court CR. MISC. No.37123 of 2021(2) dt.17-09-2021 2/3 One Shiv Gopal Rai was apprehended from the spot and he disclosed the name of the petitioner who fled away from the spot.
Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. Neither the petitioner has been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession, the illegal wine has been recovered behind the house of the petitioner which was concealed in the bush. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case. Petitioner has two criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 26.01.2021.
Petitioner is agreed to deposit a sum of Rs. 5,000.00/- (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with
Patna High Court CR. MISC. No.37123 of 2021(2) dt.17-09-2021 3/3 two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/Successor Court in connection with Sidhwalia P.S. Case No.34 of 2020, with the following conditions:- (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00/- (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar.
(Anjani Kumar Sharan, J) pallavi/- U T