Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35992 of 2020 Arising Out of PS. Case No.-169 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== Santosh Kumar S/o Bhupendra Das R/o Village- Lalauna, Mison Ward No. 11, Police Station- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Sinheshwar P.S. Case No. 169 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 216 liters of illicit liquor from a Bolero pickup van. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.35992 of 2020(2) dt.22-01-2021 2/3 having a clean antecedent and he is languishing in custody since 04.07.2020. The learned counsel for the petitioner has submitted that the petitioner is the khalasi of the said Bolero pickup van and he has got nothing to do with the illicit liquor or the vehicle in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is neither the driver nor the owner of the vehicle in question from which illicit liquor has been recovered, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge

Patna High Court CR. MISC. No.35992 of 2020(2) dt.22-01-2021 3/3 IInd, cum Special Judge Excise Act, Madhepura in connection with Singheshwar P.S. Case No. 169 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T