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Patna High CourtCR. MISC./69068/2022allowed

Santosh Kumar Sao @ Santosh Kumar v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69068 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Santosh Kumar Sao @ Santosh Kumar S/O Ashok Sao R/O VillageKhudiban, P.S- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 40 litres of illicit country made liquor from a motorcycle.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is only owner of the seized motorcycle who gave his motorcycle in good faith to Sushil Kumar who

Patna High Court CR. MISC. No.69068 of 2022(2) dt.06-01-2023 2/2 has misused his motorcycle. The petitioner has no concern with the recovery of seized illicit liquor. The petitioner is languishing in custody since 01.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 5th Additional District & Sessions Judge-cum-Exclusive Excise Court No. 2, Lakhisarai in connection with Mednichauki P.S. Case No. 56 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T