Santosh Kumar Yadav @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52761 of 2021 Arising Out of PS. Case No.-24 Year-2018 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== SANTOSH KUMAR YADAV @ SANTOSH KUMAR SON OF KESHAV YADAV R/O VILLAGE- BETAWAR KALA, P.S.- JAMANIA, DISTRICTGHAZIPUR, STATE- UTTAR PRADESH ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Patel, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Kudhani P.S. Case No. 24/2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The prosecution case, as per the First Information Report, is that the Police intercepted a pick up van and recovered 881.280 litres of country made liquor from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with oblique motive. He further submits that the petitioner is
Patna High Court CR. MISC. No.52761 of 2021(2) dt.12-05-2022 2/2 driver and he was not aware about the illicit liquor being kept in the pick up van. The petitioner is in custody since 30.6.2021 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 30.6.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Kaimur at Bhabua, in connection with Kudhani P.S. Case No. 24/2018. (Anil Kumar Sinha, J) S.Ali/- U T