Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49156 of 2022 Arising Out of PS. Case No.-539 Year-2022 Thana- BIHTA District- Patna ====================================================== Santosh Kumar S/o Subhash Kumar Yadav @ Subhash Prasad R/o villageDhamaul, P.S.- Parsabazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bihta P.S. Case no. 539 of 2022 registered for the offence under section 30(a), 38(2) and 41 of the bihar prohibition and excise act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 05.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there

Patna High Court CR. MISC. No.49156 of 2022(2) dt.27-09-2022 2/3 was recovery of 283.50 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is a driver of alleged vehicle from where illicit liquor was recovered. It is further submitted that nothing surfaced during the course of investigation, which may suggest that petitioner was under knowledge to carry consignment of illicit liquor. It is also submitted that seizure list is not supported by independent witnesses rather by police personnels. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is complete, where chargesheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list is not supported by independent witnesses, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bihta P.S. Case No. 539 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.49156 of 2022(2) dt.27-09-2022 3/3 amount each to the satisfaction of learned Special Judge, Excise Act, Danapur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T