Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38748 of 2022 Arising Out of PS. Case No.-262 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Santosh Kumar Singh S/o Late Sheodhari Singh R/o village - Narainpur, P.S.- Narainapur, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ara Nawada P.S. Case No. 262 of 2022 lodged under Section 30(a) of the Bihar Excise and Prohibition Amendment Act, 2018.

As per the prosecution case, total recovery of 168 litres foreign liquor has been made from the vehicle, namely, TATA Magic.

Learned counsel for the petitioner submits that no one was apprehended from the place of occurrence. Learned counsel for the petitioner submits that his name has figured in this case

Patna High Court CR. MISC. No.38748 of 2022(2) dt.27-08-2022 2/3 due to the reason that he was alleged to be the driver of the vehicle. He submits that the petitioner's antecedent is clean and he was in custody since 16.05.2022, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, 1st, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 262 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.38748 of 2022(2) dt.27-08-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T