Santosh Kumar @ Santosh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55178 of 2022 Arising Out of PS. Case No.-35 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR RAI Son of Late Ramdas Rai Resident of village - Sarmastpur, P.S.- Paroo, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paroo P.S. Case No. 35 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 452.62 liters illicit country made foreign liquor of different brands from open land.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has been dragged into this case only on basis of mere suspicion. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of

Patna High Court CR. MISC. No.55178 of 2022(2) dt.17-11-2022 2/2 occurrence. It is further submitted vide para 8 of the petitioner that the place of recovery is an open filed of Raj kishore Singh which was taken on lease by Abhay Rai. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Paroo P.S. Case no. 35 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No.II, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T