Patna High CourtCR. MISC./40934/2020bail granted

Santosh Rai v. The State Of Bihar

2021-02-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40934 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== Santosh Rai Son of Ramdeo Rai Resident of Village - Kurhar (Chikwa Tola), P.O. - Dhadhi, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sita Ram Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Nanpur P.S. Case no. 72 of 2020 registered under sections 30, 30(a), 38(i) (ii) and 41 of the Bihar Prohibition and Excise Act, 2016 As per allegation in the FIR, a total of 95.255 litres of IMFL is stated to have been recovered from next to the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from his person or possession. He has no concern with the seized articles and has been falsely implicated in this case because of his antecedent. The petitioner is in custody since 10.9.2020. The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.40934 of 2020(2) dt.11-02-2021 2/2 for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 10.9.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Nanpur P.S. Case no. 72 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge (Excise), Sitamarhi.

(Partha Sarthy, J) Prakash/- U