Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35398 of 2020 Arising Out of PS. Case No.-181 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== SANTOSH KUMAR Son of Dhruw Prasad Yadav Resident of VillageJamunapur, P.S.- Kalyanpur, District- Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2020 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Excise Case No. 181 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the prosecution report is that the Police intercepted one Tata Safari vehicle and recovered a total quantity of 164.160 litres of illicit liquor and arrested the petitioner along with others who were found sitting in the said vehicle.

Patna High Court CR. MISC. No.35398 of 2020(2) dt.22-12-2020 2/2 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case merely because he was sitting in the vehicle as a passenger. Learned counsel further submits that the petitioner is in custody since 24.7.2020 and charge sheet has already been submitted against him.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent and he is in custody since 24.7.2020 as well as charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II, Gopalganj, in connection with Excise Case No. 181 of 2020 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T