Santu Bind @ Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65793 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== SANTU BIND @ SANTU KUMAR S/o Late Sitaram Bind R/o Village/Mohalla- Sheikhpura Bind Toli, Jhoparpatti (Kabari Shop), P.S.- Shastrinagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special Case No. 1999 of 2021 arising out of Shashtrinagar P.S. Case No. 126 of 2021, for the offence registered under Section 30(a) of the Bihar Prohibition of Excise Act, 2016. The allegation is regarding recovery of 2.315 litres of country made liquor from the scrap shop of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he

Patna High Court CR. MISC. No.65793 of 2022(2) dt.08-02-2023 2/3 is languishing in custody since 30.09.2022. The learned counsel for the petitioner has submitted that since the petitioner is an accused in nine other similar type of cases, he has been falsely implicated in the present case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is an accused in nine similar type of cases, though I am not inclined to grant bail to the petitioner, at the moment, however, I deem it fit and proper to direct for release of the petitioner on bail, immediately upon framing of the charges by the learned court below, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Special Judge, Excise Act, Patna in connection with Special Case No. 1999 of 2021 arising out of Shashtrinagar P.S. Case No. 126 of 2021.

Patna High Court CR. MISC. No.65793 of 2022(2) dt.08-02-2023 3/3 The petition stands disposed off with the aforesaid observation and directions.

(Mohit Kumar Shah, J) S.Sb/Saurav U T