Patna High CourtCR. MISC./42139/2024bail granted

Santosh Sah @ Santosh Kumar v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42139 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Santosh Sah @ Santosh Kumar S/O Shobhit Sah R/O Village- Singhiya, Ward No.-13, P.S- Kalyanpur, Distt.- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kalyanpur P.S. case No. 85 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 31.5 liters liquor was recovered from auto vehicle and the petitioner was not arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.42139 of 2024(2) dt.19-06-2024 2/2 further submitted that the name of the petitioner has transpired as being owner of the vehicle in question. The petitioner has no knowledge regarding nature of goods kept in the vehicle. The petitioner is in custody since 09.04.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. case No. 85 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T