Santosh Thathera @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45236 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== SANTOSH THATHERA @ SANTOSH KUMAR, aged about 38 years, Gender-Male, Son of Pashuram Thathera Resident of Village- Hussainganj Bazar, P.S. Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2019 Heard both sides.

The petitioner apprehends his arrest in C-III Case No.118 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The Excise officials arrested one person namely, Jitendra Chaudhary and 180 ml. liquor was said to have been recovered from Jitendra Chaudhary. The excise official further disclosed that petitioner fled away after throwing a bag containing 35 bottles each containing 180 ml. The learned counsel for the petitioner submits that petitioner was not accompanying Jitendra Chaudhary. The excise official also implicated the petitioner at the instance of Jitendra Chaudhary. Nothing has been recovered from the

Patna High Court CR. MISC. No.45236 of 2019(2) dt.23-07-2019 2/2 possession of the petitioner nor the house of the petitioner was searched although house of the petitioner is situated in the same village.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with C-III Case No.118 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T