Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63908 of 2024 Arising Out of PS. Case No.-1262 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Santosh Kumar Son of Wakil Rai R/o Village- Mathiya Bariyarpur, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard the parties.

2. The petitioner seeks bail in connection with Excise Motihari P.S. Case No. 1262 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The petitioner is named in the F.I.R. and is in custody since 03.08.2024.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 53.1 litres of I.M.F.L.

5. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in present

Patna High Court CR. MISC. No.63908 of 2024(2) dt.11-09-2024 2/3 case on the instance of his elder brother being the driver of the Maruti Suzuki Alto car alleged to be carrying consignment of illicit liquor. It is submitted that nothing surfaced during course of investigation which may suggest prima-facie that the petitioner being the driver was under knowledge for carrying consignment of illicit liquor. Seizure list of this case is also appears disputed, as being not supported by independent witnesses rather by police personnels. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

6. Learned APP, opposes the prayer of bail.

7. In view of aforesaid facts and circumstances as implication of petitioner appears only being driver of the Maruti Suzuki Alto car, where seizure list also appears to be disputed, accordingly, petitioner above named, is directed to be released on bail in connection with Excise Motihari P.S. Case No. 1262 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.63908 of 2024(2) dt.11-09-2024 3/3 the satisfaction of learned Exclusive Special Excise Court No. 2, East Champaran at Motihari/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) kiran/- U T