Satendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55047 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- RAJPUR District- Rohtas ====================================================== Satendra Kumar Son Of Radha Singh, Resident of Village- Kanchan Tola, Police Station- Karakat, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar,.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 140 of 2021, lodged under Sections 30(a)/ (c)/(d)/(f)/33/36 of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, the total recovery of 1015 liter of wine from the forest and near pickup van total 247 liter of wine, 200 empty bottle and 500 rappers are alleged to be the subject matter relating to the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that name of petitioner has figured in this case

Patna High Court CR. MISC. No.55047 of 2022(2) dt.18-11-2022 2/3 alongwith other persons by the driver. He further submits that petitioner is in custody since 17.07.2022, charge sheet has already been filed in this case and antecedent of petitioner is clean. Learned counsel further submits that the other 2 coaccused persons of this case have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 04.11.2022 passed in Cr. Misc. No. 34517 of 2022 whereas one co-accused person was granted regular bail by the Co-ordinate Bench of this Court vide order dated 02.03.2022 passed in Cr. Misc. No. 72610 of 2021. He also submits that petitioner is ready to fulfill all the conditions, whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Rajpur P.S. Case No. 140 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.55047 of 2022(2) dt.18-11-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T