Santosh Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40244 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- HATHIDAH District- Patna ====================================================== SANTOSH KUMAR @ GOLU Son of Late Ramawatar Singh Resident of Village - Chandauli, P.S. Ujiyarpur, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akshya Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-02-2021 Heard Mr. Ravindra Kumar, learned Counsel for the petitioner and Mr. Akshya Lal Pandit, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Hatidah Police Station Case No. 55 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition Excise Act, 2016. The allegation, as per the First Information Report is that on secret information, police intercepted the bolero vehicle in which five persons were travelling. Upon seeing the police party, four persons succeeded in fleeing away and one person, i.e., the petitioner, was apprehended and a total quantity of 178.125 litres of illicit liquor was recovered from the said vehicle. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and

Patna High Court CR. MISC. No.40244 of 2020(2) dt.23-02-2021 2/2 he is neither the driver nor owner of the vehicle and was travelling in the same as a passenger. Learned counsel further submits that petitioner is in custody since 06.07.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 06.07.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner, subject to the condition that the petitioner will not repeat the same offence in future.

Accordingly, let the petitioner, Santosh Kumar @ Golu, be released 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 Special Judge (Excise), Patna, in connection with Hatidah Police Station Case No. 55 of 2020, subject to the condition that the petitioner will not repeat the same offence in future.

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