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Patna High CourtCR. MISC./66568/2019bail granted

Santosh Rai @ Santosh Kumar Yadav @ Santosh Kumar v. The State Of Bihar

2019-11-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66568 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== SANTOSH RAI @ SANTOSH KUMAR YADAV @ SANTOSH KUMAR, aged about 35 years, Male, Son of Late Nand Kishore Rai, Residence of Village-Panchhor, P.S.-Riga, District-Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272/273/414/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.08.2019 and he had filed anticipatory bail which was rejected by the Hon'ble Court with a direction to in event of arrest or surrender before the court below within a period of four weeks. The petitioner was surrender before the court below on 20.08.2019. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No. 66568 of 2019(2) dt.05-11-2019 2/2 there is no recovery from the conscious possession of the petitioner, rather, it is recovered from the pick up van and has got two criminal antecedent as (1) Riga P.S. Case No. 129/2017 u/s 272/273 of the I.P.C. and 30 (a) of Excise Act (2) Riga P.S. Case No. 196/2017, u/s 272/273 of the I.P.C. and 30 (a)/37 of Excise Act in both cases he is on bail.

Learned counsel for the petitioner further submits that the co-accused have been granted bail by the Co-ordinate Bench of this Hon'ble Court in Cr. Misc. No.61597 of 2019 dated 16.10.2019 and Cr. Misc. No. 63103 of 2019 dated 18.10.2019. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of A.D.J-II, Sitamarhi cum Special Judge, Excise Act, Sitamarhi, in connection with Suppi P.S. Case No. 86 of 2019. (Anjani Kumar Sharan, J) amitkumar/- U T