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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33788 of 2025 Arising Out of PS. Case No.-37 Year-2011 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Santosh Singh @ Santosh Kumar Singh Son of Shambhu Singh Resident of village - Dadanpur, P.S.- Maker, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 47 (a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that total 60 liters of illicit liquor is said to have been recovered from the poultry farm behind the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. The place of recovery is an open place and easily accessible to anyone, hence no liability can be

Patna High Court CR. MISC. No.33788 of 2025(2) dt.26-05-2025 2/3 fixed on the petitioner. There is violation of the mandatory provisions of the search and seizure as there is no independent witness to the seizure list. Petitioner has been languishing in custody since 20.02.2025.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has four criminal antecedents of similar nature of the offence and also that he had remained absconding for long. In response to this, learned counsel for the petitioner submits that the petitioner is on bail in all the four cases. Learned counsel for the petitioner has also brought on record the order-sheet of the learned Court below to show that no proper service of bailable warrant has been made for a long time. Hence, there is no delay in approaching the Court for bail.

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Excise Case No. 37 of 2011, subject to the further condition that:

(i) The petitioner shall cooperate in the

Patna High Court CR. MISC. No.33788 of 2025(2) dt.26-05-2025 3/3 investigation/trial.

(ii) The one of the bailors will be a family member /close relative.

(iii) The petitioner shall remain physically present in court on each and every date during trial till the framing of charge and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) Trivedi/- U T