Santosh Das @Bullet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40340 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SANTOSH DAS @ BULLET SON OF BIRU DAS @ VIRAN DAS @ BIRAN DAS Resident of Village- Katalpur, P.S.- Baikunthpur, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-03-2021 Heard Mr. Lokesh Kumar Singh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Baikunthpur P.S. Case No. 15 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that the Police raided the house of the petitioner and recovered a total quantity of 1983.24 litres of illicit foreign liquor from his house and 1003.83 litres of illicit foreign liquor from the bush situated behind the house of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40340 of 2020(2) dt.09-03-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with ulterior motive. Learned counsel further submits that the house in question is a joint family property in which other co-sharers and the family members reside. Learned counsel also submits that the father of the petitioner who is the co-accused in this case, has been granted bail by this Court in Cr. Misc. 26457 of 2020 and the petitioner is in custody since 19.5.2020 having no criminal antecedent. Learned counsel next submits that charge sheet has already been submitted by the Police. Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner in custody since 19.5.2020 having no criminal antecedent and charge sheet has already been submitted in the matter as well as 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 Additional Sessions Judge-II-cumSpecial Judge (Excise), Gopalganj, in connection with

Patna High Court CR. MISC. No.40340 of 2020(2) dt.09-03-2021 3/3 Baikunthpur P.S. Case No. 15 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T