Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59214 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Santosh Kumar, Son Of Late Upendra Yadav Village- Chitti Ward No 03, PsMadhepura, Dist- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Jokihat P.S. Case No. 473 of 2022 dated 01.09.2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 75.990 litres of illicit foreign liquor was recovered from a car and the driver of the said vehicle fled away from the spot.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.59214 of 2023(2) dt.22-09-2023 2/2 this case. It is further submitted that the petitioner is the owner of the said vehicle and he was not present in the said vehicle at the time of occurrence. The petitioner was not apprehended from the spot and no incriminating article has been recovered from his possession. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Jokihat P.S. Case No. 473 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T