Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1097 of 2021 Arising Out of PS. Case No.-106 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR SINGH son of Bhushan Singh @ Shashi Bhushan Prasad Singh Resident of Village- Ayodhya, P.S.- Teghra in the district of Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Teghra P.S. Case No. 106 of 2019, registered for the offence punishable punishable under Section 188 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
46.875 litres of foreign liquor has been recovered from the old house of this petitioner.
It is submitted that nothing has been recovered from conscious possession of this petitioner. For the same offence, father of the petitioner has also been made accused in this case. Petitioner is in custody since 13.10.2020.
Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No.1097 of 2021(2) dt.02-03-2021 2/2 the petitioner above-named, 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 the learned Additional Sessions Judge-II-cum-Special Judge (Excise Act), Begusarai in connection with Teghra P.S. Case No. 106 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T