Santosh Kumar @ Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27601 of 2020 Arising Out of PS. Case No.-328 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR YADAV Son of - Rajesh Rai Resident of - Village- Mahpr, P.S. - Bochahan, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Ahiyapur P.S.Case No.328 of 2020 for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(a)/36 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. In the instant case, there is recovery of 2680.560 liters of foreign liquor. The name of the petitioner surfaced in the present case on the confessional statement of driver Md. Sharik.

Considering the fact that the petitioner has no criminal antecedent and nothing has been recovered from the possession of the petitioner, the Court is inclined to grant

Patna High Court CR. MISC. No.27601 of 2020(2) dt.25-11-2020 2/2 anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on depositing Rs.1,00000/- (one lac) cash and furnishing bail bond of Rs.1,00000/- (one lac)) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S.Case No.328 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C.

The amount of Rs.1,00000/- (one lack) deposited by the petitioner shall abide by the final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) B.Kr./- U T