Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49301 of 2022 Arising Out of PS. Case No.-451 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Santosh Kumar s/o late harihar das r/o village- mail pakri, p.s.- Bidupur, P.O. Bhairopur, Distt- Vaishali, Bihar 844102 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manju Jha, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-09-2022 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 Excise P.S. Case No. 451 of 2022 registered for the offence under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 21.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 945 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, where nothing incriminating surfaced

Patna High Court CR. MISC. No.49301 of 2022(2) dt.28-09-2022 2/2 during the course of investigation, which may suggest that petitioner was under knowledge to carry illegal consignment. It is further submitted that seizure list is not supported by independent witnesses rather by police personnels. While concluding the argument, it is categorically submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list appears disputed 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 Excise P.S. Case No. 451 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Bihar Excise Act, Court No. 3, Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T