Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61135 of 2021 Arising Out of PS. Case No.-210 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== SANTOSH KUMAR SINGH Son of Kesha Singh Resident of Village- Nayak Bodka Baizy, Toll, P.S.- Ravilganj, District- Saran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Ravilganj P. S. Case No.210 of 2021, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is in custody since 12.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 153.900 litre of liquor from the place of occurrence. The arrested accused disclosed the name of this petitioner, who fled away after seeing the police. The learned counsel for the petitioner submits that admittedly, the petitioner was not apprehended from the place of

Patna High Court CR. MISC. No.61135 of 2021(2) dt.28-01-2022 2/2 occurrence and his name came based on the confessional statement of arrested co-accused and as such, nothing was recovered from his possession.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 12.07.2021, he is a person with clean antecedent, chargesheet has been submitted in the case and was not apprehended from the spot, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge-cum-Special Judge Excise, Saran in connection with Revilganj P. S. Case No.210 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T