Santosh Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41338 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Santosh Dom S/o Krishna Dom, R/o Village-Karma, P.S.- Karakat,Dist.- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Karakat P.S. Case No.256 of 2023 instituted under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 10 litre mahua liqour from a plastic gallon.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that there is no recovery from the house or the possession of petitioner but on the basis of suspicion, petitioner has been made accused in this case. Learned counsel for the petitioner submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

Patna High Court CR. MISC. No.41338 of 2024(2) dt.03-07-2024 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Karakat P.S. Case No.256 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T