Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67209 of 2024 Arising Out of PS. Case No.-19 Year-2019 Thana- PURAINI District- Madhepura ====================================================== Santosh Yadav Son of Late Bhumi Yadav @ Late Bhumi Prasad Yadav Village- Jiwachhpur, ward no. 7, Ps- Madhepura, (Bharrahi) Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2024 Heard the learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Puraini P.S. Case No. 19 of 2019, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 164 litres of illicit country made liquor has been recovered from the car of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. The petitioner was not caught on the spot. The petitioner has one criminal antecedent of similar nature in which he is on bail. The Petitioner is in custody since 31.07.2024.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.67209 of 2024(2) dt.25-09-2024 2/2

6. Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VII-cumSpecial Judge, Excise-II, Madhepura in connection with Puraini P.S. Case No. 19 of 2023, arising out of Excise Case No. 104 of 2019, subject to the condition that the petitioner will mark his attendance at Madhepura (Bharrahi) Police Station on First and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner and the petitioner shall deposit an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) in Ramkrishna Mission Ashrama, Purnea and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T