Satish Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35118 of 2020 Arising Out of PS. Case No.-155 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

Satish Kumar @ Santosh Kumar, male, aged about 23 years, Son of Awadh Kishor Singh.

2.

Gopi Singh, male, aged about 26 years, Son of Surbansh Singh @ Suvansh Singh.

Both are resident of Village - Harpur Belwa, P.S. - Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhinav Ashok, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-03-2021 Heard Mr. Abhinav Ashok, learned counsel for the petitioners and Mr. Ajay Kumar No. 2, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mahua P.S. Case No. 155 of 2020, dated 23.03.2020, instituted for the offences under Sections

Patna High Court CR. MISC. No.35118 of 2020(2) dt.23-03-2021 2/3 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It has been alleged in the F.I.R. that a secret informant was received in the police station that a huge consignment of liquor is being unloaded in front of the mango orchard of one Hakim Miyan and the petitioners as well as others are said to be supervising and unloading the same from the big vehicle to smaller vehicles. On this information, the police raided the place where the vehicles were said to have been parked and from all the vehicles, 3417.225 litres of liquor has been recovered. It has been submitted on behalf of the petitioners that they have been named in the F.I.R. but only on the basis of stray information provided to the police, whereafter a raid was conducted. No vehicle found at the place belongs to the petitioners. It has further been submitted that the petitioners do not have criminal antecedents and have got absolutely no concern with the liquor which is said to have been seized.

Regard being had to the facts afore-stated, the

Patna High Court CR. MISC. No.35118 of 2020(2) dt.23-03-2021 3/3 petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-CumExcise Court, Vaishali at Hajipur in connection with Mahua P.S. Case No. 155 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T