Patna High CourtCR. MISC./60910/2023allowed

Santosh Singh v. The State Of Bihar

2023-10-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60910 of 2023 Arising Out of PS. Case No.-728 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== SANTOSH SINGH SON OF KISHORI SINGH RESIDENT OF VILLAGEBATRAULIYA, PS- SARAIYA, DISTT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. This application has been filed for grant of regular bail arise out of Saraiya P.S. Case No. 728 of 2021, registered for the offences under Sections 272, 273, 284, 328, 307, 302, 34 of the Indian Penal Code and Sections 30(a), 37(b), 33, 36, 34 of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected by this Court in Cr. Misc. Case No. 42487 of 2022 vide order dated 30.01.2023 because of suppression of the criminal antecedents of the petitioner with an observation that the petitioner may renew his prayer for bail after six months and also after depositing the cost of Rs. 25,000/- in the High Court Legal Services Committee, Patna.

4. Learned counsel for the petitioner further submits that the petitioner has deposited fine of Rs. 25,000/- and has

Patna High Court CR. MISC. No.60910 of 2023(3) dt.13-10-2023 2/2 renewed the prayer of the petitioner for bail after six months.

5. It has been submitted by learned counsel for the petitioner that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Case No. 32498 of 2023 vide order dated 24.06.2023.

6. For the reasons mentioned in the order dated 24.06.2023 passed in Criminal Misc. Case No. 32498 of 2023, this bail application is also allowed.

7. Let the petitioner, above-named, be released 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 in connection with Saraiya P.S. Case No. 728 of 2021, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Harsh/ U