Sintu Kumar @ Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44348 of 2025 Arising Out of PS. Case No.-1079 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Sintu Kumar @ Santu Kumar S/o Surendra Kumar @ Nawal Prasad Resident of vill - Maharajchak, P.S- Masaurhi, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Masaurhi PS Case No. 1079 of 2024 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 605.25 liters liquor was recovered from the house of co-accused, Raushan Das.

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 submitted

Patna High Court CR. MISC. No.44348 of 2025(2) dt.01-07-2025 2/3 that recovery is made from the house of other co-accused person, and the petitioner has no concern with the same. The petitioner is in custody since 28-05-2025 and has got three criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 19-02-2025, passed in Cr. Misc. No. 9000 of 2025.

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 Masaurhi PS Case No. 1079 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.44348 of 2025(2) dt.01-07-2025 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T