Patna High CourtCR. MISC./25068/2020bail granted

Santosh Kumar v. The State Of Bihar

2020-10-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25068 of 2020 Arising Out of PS. Case No.-133 Year-2020 Thana- RAFIGANJ District- Aurangabad ====================================================== SANTOSH KUMAR Son of Vaidhnath Prasad Resident of Village- Baligaon @ Baligawan, P.S.- Rafiganj, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30 (a), 37 (b)/ 37 (c) of Bihar Prohibition and Excise Act, 2018.

The prosecution case in brief is that Jitendra Kumar Singh S.I., P.S. Rafiganj, District- Aurangabad is the informant of the case. Informant along with police force reached at village on 17.06.2020 and recovered 14 liters of country made liquor from the Ghumti of petitioner. Co-accused was also under the influence of liquor.

It is submitted on behalf of the petitioner that petitioner in no way concerned with the aforesaid Ghumti and nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.25068 of 2020(2) dt.14-10-2020 2/2 the petitioner.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the even of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in Rafiganj P.S. Case No. 133 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T