Santosh Singh @ Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36329 of 2020 Arising Out of PS. Case No.-365 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANTOSH SINGH @ SANTOSH KUMAR SINGH Son of Late Raja Singh, Resident of Village- Amarpur, P.S.- Singhaul O.P. under Muffasil, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Muffasil (Singhaul) P.S. Case No.365 of 2020 registered under Sections 290, 420 and 120B of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant after having received information that illegal country made liquor was being unloaded from the truck, went and intercepted one truck bearing Registration No.JH01DP-7770 and a Tata Magic ACE. On search, a huge quantity of liquor and beer was recovered from both the vehicles. It is further alleged that Sonu Kumar is the owner of the truck and Imran Ansari is the driver. Bittu Kumar is the owner of Tata Magic ACE. The informant further alleged that he

Patna High Court CR. MISC. No.36329 of 2020(2) dt.09-04-2021 2/3 got information that Santosh Singh (petitioner) and Bittu Kumar brought the consignment of liquor.

Learned counsel for the petitioner submits that the house of the petitioner is 10 km away from the place of occurrence. The informant did not disclose the source of information that the petitioner had brought consignment. The petitioner has got no manner of concern with the consignment and the vehicles. The petitioner has got no criminal antecedent.

Having considered the facts aforesaid and the facts that nothing has been recovered from possession of the petitioner and the name of the petitioner surfaced in the case on mere secret information received by the Investigating Officer but in pursuance thereof no tangible material is collected to show the involvement of the petitioner in bringing the liquor, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai in connection with Muffasil (Singhaul) P.S. Case No.

Patna High Court CR. MISC. No.36329 of 2020(2) dt.09-04-2021 3/3 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T