Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32471 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- DARAUNDHA District- Siwan ====================================================== Santosh Ram S/o Paramatma Ram, R/o Vill.- Pipra, P.S.- Daraunda, DistrictSiwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Daraunda P.S. Case No.26 of 2018 registered for the offence under Sections 272/273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender. Learned counsel for the petitioner, at the very outset, has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. It has been argued, by way of referring to the F.I.R., that nothing was recovered either from the conscious possession or from the house of the petitioner, rather in the case, from the back of the house of the petitioner, a very small quantity i.e.

Patna High Court Cr.Misc. No.32471 of 2018(2) dt.13-06-2018 2/2 5.760 liters of Indian Make Foreign Liquor was shown to be recovered and the petitioner being neighbour from the recovered place has been made accused.

Considering the nature of accusation, clean antecedent as well as the fact that nothing was recovered from the conscious possession of the petitioner, let the petitioner, namely, Santosh Ram, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court, Siwan in connection with Daraunda P.S. Case No.26 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T