Santosh Kumar @ Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35553 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== 1.

SANTOSH KUMAR @ SANTOSH PRASAD Son of Mahendra Prasad Resident of Village - Baghibardiha, P.S. - Warisaliganj, District - Nawada. 2.

Bibhishan Kumar Son of Shivdani Mahto Resident of Village - Khojpura, P.S. - Warisaliganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have renewed their prayer for bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act.

The allegation as per the prosecution case is of recovery of 1574.2 litres of liquor from a specially made chamber in the truck of which the two petitioners were the driver and khalasi.

It is submitted by learned counsel for the petitioners that the earlier prayer for bail of the petitioners was rejected vide order dated 31.1.2022 passed in Cr. Misc. no. 45021 of

Patna High Court CR. MISC. No.35553 of 2022(2) dt.13-07-2022 2/2 2021 giving liberty to the petitioners to renew their prayer for bail on completing one year in custody. The petitioners are in custody for more than one year since 15.6.2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the liberty granted to the petitioners vide aforesaid order of rejection dated 31.1.2022 together with the period in custody, the Court directs the above two petitioners to be enlarged on bail in connection with Kashichak P.S. Case no. 101 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Nawada. (Partha Sarthy, J) Prakash/- U