Patna High CourtCR. MISC./56275/2024bail granted

Santosh Kumar v. The State Of Bihar

2024-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56275 of 2024 Arising Out of PS. Case No.-239 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== Santosh Kumar Son of Laxhmi Yadav @ Nagandra Yadav R/o Parsa Bazar, P.S.- Parsa Bazar, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parsa Bazar P.S. Case No. 239 of 2024 dated 07.05.2024 registered for the offence/s punishable u/ss 279 and 427 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 166.53 litres of illicit foreign liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has

Patna High Court CR. MISC. No.56275 of 2024(2) dt.31-08-2024 2/2 been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2024. Similarly situated co-accused person has already been granted anticipatory bail by this Court vide order dated 25.06.2024 passed in Cr. Misc. No. 43281 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Parsa Bazar P.S. Case No. 239 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T