Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48800 of 2019 Arising Out of PS. Case No.-68 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== SANTOSH KUMAR Son of Sri Yamuna Prasad Resident of Village - Parasdiha, P.S.- Nagarnausa, Dist.- Nalanda, At present J/55, P.C. Colony, P.S.- Kankarbagh, Patna - 20 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Awadhendra Kumar, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, in the present case, is seeking anticipatory bail in connection with Rajeev Nagar P.S. Case No. 68/2018, special Case No. 2444/2018 for offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that save and except the fact that the petitioner is the owner of the vehicle in question, there is no other material to connect him in connection with this case and it is submitted that the driver of the vehicle was alone there when the vehicle was intercepted and he has been arrested. He has confessed that

Patna High Court CR. MISC. No.48800 of 2019(3) dt.16-11-2019 2/2 he was taking the illicit liquor for the purpose of sale. The name of this petitioner has not transpired in the confessional statement of the Driver.

Learned A.P.P. for the State does not dispute this position.

In the given facts and circumstances of the case, considering that there is no material against the petitioner to connect with this case, let the petitioner above-named, in the even of his arrest/surrender before the court below within a period of four weeks from today, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Rajeev Nagar P.S. Case No. 68 of 2018, Special Case No. 2444/2018, subject to the condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T