Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32974 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Santu Kumar Son of Ramjee Yadav @ Ramji Yadav Resident of Village - Pathara Sindhwari, P.S.- Muffasil, Distt - Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Muffasil P.S.Case No. 78 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is submitted by the learned counsel for the petitioner that no recovery was made from the grocery shop of the petitioner. Some customers had put a bag outside his shop, which was seized by the police and out of suspicion he has been framed in the instant case.

Per contra, learned counsel appearing for the State submitted that the petitioner was caught by the police on 30.03.2019 after illicit liquor was found from his grocery shop. Considering the defence taken by the petitioner and

Patna High Court CR. MISC. No.32974 of 2019(2) dt.20-05-2019 2/2 the small quantity of liquor said to have been seized from his shop as also that his custodial interrogation is not warranted, he is directed to be released 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 Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Muffasil P.S. Case No. 78 of 2019, subject to the conditions :

(a) that the petitioner shall attend court in accordance with the conditions of the bond executed; and (b) that the petitioner shall not commit an offence similar to the offence of the present case.

(c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Pradeep/- U T