Santosh Kumar Sah @ Santosh Sah @ Bona v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64340 of 2024 Arising Out of PS. Case No.-154 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Santosh Kumar Sah @ Santosh Sah @ Bona Son of Kailash Pd. Sah Resident of Village - Toplish Mohalla, Bhagwati Asthan, P.S. and District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura Excise P.S. Case 154/2020 related to Excise Case No. 662/2020 dated 30.09.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 5 litres of illicit country-made liquor and 1.80 litres of illicit foreign liquor were recovered from the sack.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.64340 of 2024(2) dt.10-09-2024 2/3 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has 16 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Madhepura Excise P.S. Case 154/2020 related to Excise Case No. 662/2020 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T
Patna High Court CR. MISC. No.64340 of 2024(2) dt.10-09-2024 3/3