Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56204 of 2025 Arising Out of PS. Case No.-280 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Santosh Kumar S/O Late Raghunath Sah Village- Chakiya, Police StationChakiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate Ms. Diksha Kumari, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 4400 litres spirit has been recovered from a truck coming from Koderma. During search, driver of the truck was apprehended who disclosed the names of Vishwanath Sah and Tunna Sing, who were involved in illegal trade. Petitioner and co-accused Sandeep @ Sanjeev are stated to be the liners.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.56204 of 2025(2) dt.02-09-2025 2/2 case. The allegation against the petitioner is that he was working as liner in the offence. Petitioner is neither the owner nor the driver of the vehicle and had no concern with the vehicle or the seized spirit. Except disclosure statement by the co-accused, there is nothing material against the petitioner. The petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released 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-2, Nawada in connection with Rajauli P.S. Case No.280 of 2019, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T